The Court of Appeal in Malindi has directed the Director of Public Prosecutions (DPP) to proceed with 191 counts of murder against controversial Pastor Paul Makenzi and his 30 co-accused.
In a judgment delivered yesterday, the appellate court overturned a High Court decision issued on May 17, 2024 by Justice Mugure Thande, which had directed the DPP to reduce the murder charges to no more than 12 counts. "Having carefully considered the record as presented to us, the grounds of appeal, the rival submissions, the cited authorities and the law, we reach the inescapable conclusion that the appeal succeeds and is hereby allowed," the judgment read.
Justices Kibaya Imaana Laibuta, Grace Ngenye and Weldon Korir held that the law does not place a limit on the number of charges that may be brought against an accused person.
The murders represent one of Kenya's most disturbing cult-related tragedies, which unfolded in early 2023 in the remote Shakahola Forest in Kilifi County.
