MOMBASA, Kenya — The High Court has ruled that Pastor Paul Mackenzie and 30 co-accused have a case to answer in the high-profile Shakahola mass murder trial, marking a major milestone for the prosecution.
In a ruling delivered Wednesday, Justice Diana Kavedza found that the prosecution had established a prima facie case against the accused, placing them on their defence over 191 counts of murder.
The charges are brought under Sections 203 and 204 of the Penal Code, which define and prescribe punishment for murder.
The decision follows months of hearings in which the Office of the Director of Public Prosecutions (ODPP) presented extensive evidence linking the accused to deaths linked to the Shakahola forest tragedy in Kilifi County.
According to the prosecution, a total of 121 witnesses testified, including survivors, expert witnesses, and investigating officers. The State also tabled key exhibits such as postmortem reports and government analyst findings to support its case.
In her ruling, Justice Kavedza stated that the evidence presented established critical facts that were not in dispute, including the exhumation of bodies—many of them children—from Shakahola forest. Some of the remains were identified and released to families for burial.
The court further noted that relatives of victims testified, confirming the deaths of their children, while other witnesses placed several of the accused at the scene, describing them as playing various roles within the settlement, including guards, cooks, grave diggers, and coordinators.
“The totality of the evidence presented establishes sufficient grounds to require the accused to respond,” the judge ruled, effectively shifting the burden to the defence to rebut the prosecution’s case.
Defence lawyers indicated that the accused persons will give sworn testimony and call 12 witnesses, including six experts, in an effort to challenge the prosecution’s claims.
The case initially involved 31 accused persons, but one individual—Enos Amanya—entered a guilty plea and is awaiting sentencing. The ruling therefore applies to the remaining 30 accused persons.
The prosecution team is led by Deputy Director of Public Prosecutions Joseph Kimanthi and Jami Yamina, alongside Assistant Director Ngina Mutua and a team of senior prosecution counsel.
Legal analysts say the ruling meets the threshold established in Kenyan jurisprudence on a “case to answer,” where a court determines that the prosecution has presented sufficient evidence which, if uncontroverted, could support a conviction.
The Shakahola case has drawn national and international attention, raising serious concerns about religious extremism, regulation of religious institutions, and state oversight failures. It has also prompted policy debates around enforcement of Article 32 of the Constitution of Kenya 2010, which guarantees freedom of religion but is subject to limitations where public safety and welfare are at risk.
The trial is expected to enter the defence phase in the coming weeks, a critical stage that will determine whether the accused can counter the prosecution’s evidence or face conviction in one of Kenya’s most disturbing criminal cases.
