NAIROBI, Kenya- The High Court in Mombasa is expected to deliver sentences on Friday, November 6, for controversial preacher Paul Nthenge Mackenzie and 28 co-accused persons convicted over the deaths of 191 people in the Shakahola Forest tragedy.
Justice Diana Kavedza will determine the punishment for the 29 convicts after finding them guilty on October 19 of 191 counts of murder arising from deaths at Shakahola in Malindi Sub-County, Kilifi County.
The convictions relate to the deaths of 190 children and one adult between January 2021 and September 2023. The case is among the most significant criminal trials in Kenya’s history and has renewed scrutiny of religious extremism, child protection and State oversight.
Court found organised system of enforced fasting
In her judgment, Justice Kavedza found that Mackenzie and his co-accused participated in an organised system that used radical religious teachings, isolation and enforced fasting, leading to the deaths of followers.
The court heard that Mackenzie, the founder of Good News International Church, directed followers to fast in the belief that they would meet Jesus.
The judge found that children were among the first victims of the deadly fasting regime and that those who resisted were subjected to coercion, confinement and violence.
The court rejected the defence argument that followers had voluntarily chosen to fast to death, holding that the prosecution had proved the murder charges beyond reasonable doubt.
While 429 bodies were recovered from Shakahola Forest after the case came to public attention in 2023, the murder trial before Justice Kavedza concerned 191 victims.
Evidence presented during the trial included survivor accounts, forensic findings, post-mortem reports, digital evidence and testimony on the activities of the accused persons within the Shakahola settlement.
DPP seeks death penalty for Mackenzie
The Office of the Director of Public Prosecutions has urged the court to impose the death sentence on Mackenzie, arguing that the scale, brutality and vulnerability of the victims justify the highest available penalty.
Deputy Director of Public Prosecutions Jami Yamina told the court that the sentence should reflect the gravity of the offences, deterrence, public protection and the need to denounce crimes committed in the name of religious belief.
The prosecution has asked the court to impose life imprisonment on 27 other co-convicts, saying their individual roles in the operation and the risk of further radicalisation should be considered.
Should the court decline to impose life sentences, the prosecution has proposed consecutive terms, arguing that each of the 191 deaths represents a separate murder count.
For Enos Amanya Ngala, who pleaded guilty to all 191 counts under a plea-bargaining arrangement, the prosecution has proposed a custodial rehabilitation programme, taking into account an 11-year custodial baseline, time already spent in remand and applicable remission.
Mitigation and individual responsibility
The defence teams have urged the court to consider mitigation, including claims of remorse, personal transformation and participation in religious programmes while in custody.
Justice Kavedza is expected to weigh the pre-sentence reports, mitigation submissions and the individual culpability of each convict before pronouncing the sentences.
Although Section 204 of the Penal Code provides for the death penalty in murder cases, courts retain discretion in sentencing following the Supreme Court’s Muruatetu jurisprudence, which requires consideration of the circumstances of each case.
The sentencing will mark a major stage in the pursuit of justice for the victims and families affected by the Shakahola tragedy.
However, the broader questions raised by the case, including regulation of religious institutions, early intervention against radicalisation and protection of vulnerable children, remain central to Kenya’s public debate.
The court’s decision is expected later on Friday.
