The Director of Public Prosecutions (DPP) has asked the High Court in Mombasa to sentence controversial preacher Paul Nthenge Mackenzie to death for his role in the Shakahola massacre, which claimed 191 lives, including 190 children.
During sentencing submissions, Deputy Director of Public Prosecutions Jami Yamina argued that the scale of the killings and the seriousness of the offences justified the death penalty. The prosecution, however, urged the court to consider Mackenzie’s mitigation, including any remorse, regret and prospects of rehabilitation, before determining the appropriate sentence.
Yamina cited Section 204 of the Penal Code and the Supreme Court’s decision in the Muruatetu case, arguing that the circumstances surrounding the killings warranted the maximum punishment.
Mackenzie and 28 co-accused were convicted of 191 counts of murder arising from the deaths at Shakahola Forest in Malindi Sub-County, Kilifi County, between January 2021 and September 2023. The prosecution has separately recommended life imprisonment for 27 of the co-accused, saying the punishment would reflect the gravity of the crimes and protect the public.
Yamina told the court that sentencing should serve several objectives, including punishment, deterrence, public protection, condemnation of criminal conduct, restorative justice and rehabilitation. He further argued that the other convicts had been extensively indoctrinated by Mackenzie, potentially leaving them vulnerable to further radicalisation and reoffending.
The prosecution urged the court to assess each convict’s individual role in the crimes while considering the risks they could pose if released.
The National Counter Terrorism Centre (NCTC) also presented recommendations proposing that the convicts voluntarily participate in rehabilitation programmes and engage with counter-narratives to support their eventual reintegration into society. Should the court decline to impose life sentences on the 27 convicts, the DPP proposed consecutive prison terms, arguing that each of the 191 deaths constituted a separate murder offence.
The prosecution also suggested grouping the victims according to age to guide the sentencing process. The proposed categories include children aged seven years and below, those aged between eight and 14, and minors aged between 15 and 18.
In the case of Enos Amanya Ngala, who pleaded guilty to all 191 murder counts, the prosecution asked the court to consider the terms of his plea-bargaining agreement. The DPP proposed that Ngala undergo a custodial rehabilitation programme lasting between 24 and 30 months, with regular progress reports to inform a subsequent review of his sentence.
The proposal takes into account his proposed 11-year custodial term, the period already spent in remand and applicable remission.
Justice Diana Kavedza is expected to deliver the sentences against the 29 convicts on November 6, 2026.
