Mackenzie still faces two cases as DPP closes Shakahola trial

Paul Nthenge Mackenzie will still face two separate criminal trials even after the Director of Public Prosecutions (DPP) on Thursday closed one of the major Shakahola cases against him and 96 co-accused persons at the Shanzu Law Courts in Mombasa.

The case that has now closed involves charges of radicalisation and organised crime.

Two other cases--one related to murder and manslaughter, and another touching on allied offences--remain active before courts in Mombasa.

Closing the prosecution case, the DPP told the court that the deaths at Shakahola were not accidental.

“The evidence placed before this court demonstrates that the deaths were the result of a carefully planned and executed campaign of indoctrination, isolation and control,” prosecutors submitted.

The trial, which began on July 8, 2024, saw the prosecution call 96 witnesses, including survivors, forensic experts, pathologists and investigators, and produce nearly 500 exhibits.

Principal Magistrate Leah Juma formally closed the prosecution case after hearing final testimony from lead investigators.

“The prosecution has now closed its case. The court will give directions on the filing of submissions to determine whether the accused persons have a case to answer,” Ms Juma ruled.

Investigators told the court that Mackenzie used the Good News International (GNI) Church to radicalise followers over more than a decade through distorted religious teachings.

Chief Inspector Raphael Wanjohi testified that Mackenzie deliberately exploited media platforms to spread extremist ideology.

“He aggressively used television, online platforms, seminars, crusades and WhatsApp groups to recruit and indoctrinate followers into his belief system,” Mr Wanjohi told the court.

According to evidence presented, indoctrination intensified between 2020 and 2023, with followers instructed to cut ties with society, abandon education, reject medical treatment and withdraw from state institutions.

Inspector Onyango Owade told the court that children were among the most affected victims.

“The rescued minors described mental torture and coercion to fast to death. This was not voluntary; it was enforced,” Mr Owade testified.

Medical and forensic evidence presented in court showed that starvation was the primary cause of death.

Investigators confirmed that 426 bodies were exhumed from Shakahola forest, although the actual number of victims is believed to be higher.

Chief Inspector Peter Mwangi told the court that DNA evidence linked several accused persons to deceased children.

“DNA profiling established parental or close family relationships between some of the accused and the deceased children,” Mr Mwangi said.

Detective Constable Alfred Mwatika described GNI as an organised criminal network operating under the guise of a church.

“The structure of the organisation facilitated radicalisation and crimes falling within the scope of terrorism-related offences,” he testified.

The Good News International Church, which operated at least 25 branches nationwide, was gazetted as a criminal organisation in January 2024.

The court will now hear closing submissions before deciding whether Mackenzie and his 96 co-accused will be placed on their defence.

However, regardless of that determination, Mackenzie will still face two other ongoing criminal cases arising from the Shakahola atrocities.