DPP Seeks Death Penalty for Pastor Mackenzie Over 191 Shakahola Deaths

NAIROBI, Kenya, Nov 3 – The Director of Public Prosecutions (DPP) has urged the High Court in Mombasa to sentence controversial preacher Paul Nthenge Mackenzie to death over his role in the Shakahola massacre, in which 191 people, including 190 children, died.

Making submissions during the sentencing proceedings, Deputy Director of Public Prosecutions Jami Yamina told the court that capital punishment was the most appropriate sentence for Mackenzie, given the gravity of the offences and the scale of the loss of life.

“The prosecution supports the imposition of capital punishment for Mackenzie, subject to consideration of his mitigation, remorse, regret and prospects of rehabilitation,” Yamina submitted.

The prosecution relied on Section 204 of the Penal Code and the Supreme Court’s landmark Muruatetu jurisprudence, arguing that the circumstances of the case warranted the death penalty.

Mackenzie and 28 co-accused were convicted of 191 counts of murder arising from deaths at Shakahola Forest in Malindi Sub-County, Kilifi County, between January 2021 and September 2023.

The DPP also urged the court to sentence 27 other convicts to life imprisonment, arguing that the punishment should reflect the seriousness of the crimes while protecting the public from further harm.

Yamina told the court that sentencing should take into account several objectives, including retribution, deterrence, public protection, denunciation of crime, restorative justice and rehabilitation.

He further argued that the other convicts had been heavily indoctrinated by Mackenzie and could remain vulnerable to reoffending, urging the court to assess each individual’s level of culpability and the risk of continued radicalisation.

The prosecution also presented recommendations from the National Counter Terrorism Centre (NCTC), 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 imprisonment on the 27 convicts, the DPP proposed consecutive sentences, arguing that each of the 191 deaths represented a separate murder offence.

The prosecution further suggested that the victims be categorised into three age groups to guide sentencing: children aged up to seven years, those aged between eight and 14, and minors aged between 15 and 18.

Special proposal for co-accused who pleaded guilty

In the case of Enos Amanya Ngala, who pleaded guilty to all 191 murder counts and was convicted on his own plea, the prosecution asked the court to consider the terms of his plea-bargaining agreement.

The DPP proposed a custodial rehabilitation programme lasting between 24 and 30 months, with periodic progress reports to guide a subsequent review of his sentence.

The proposal takes into account the proposed 11-year custodial term, the time Ngala has already spent in remand and applicable remission.

Justice Diana Kavedza is expected to sentence the 29 convicts on November 6, 2026.

The Shakahola case stems from the discovery of mass graves and bodies in Shakahola Forest, where investigators established that hundreds of people had died in circumstances linked to a religious movement led by Mackenzie.

The sentencing proceedings mark a critical stage in one of Kenya’s most devastating cases involving religious extremism and the exploitation of vulnerable followers.

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