The Director of Public Prosecutions (DPP) has asked the High Court in Mombasa to impose the death penalty on controversial preacher Paul Nthenge Mackenzie over his role in the Shakahola massacre, which resulted in the deaths of 191 people, including 190 children.
During sentencing submissions, Deputy Director of Public Prosecutions Jami Yamina argued that capital punishment was appropriate given the seriousness of the offences and the number of lives lost.
“The prosecution supports the imposition of capital punishment for Mackenzie, subject to consideration of his mitigation, remorse, regret and prospects of rehabilitation,” Yamina told the court.
DPP Wants 27 Shakahola Convicts Sentenced to Life Imprisonment
The prosecution also urged the court to sentence 27 other convicts to life imprisonment, arguing that the punishment should reflect the gravity of their crimes and protect the public from further harm.
Mackenzie and 28 co-accused were convicted of 191 counts of murder linked to deaths at Shakahola Forest in Malindi Sub-County, Kilifi County, between January 2021 and September 2023.
Yamina told the court that sentencing should consider several objectives, including retribution, deterrence, public protection, denunciation of crime, restorative justice and rehabilitation.
The prosecution further argued that some of the co-accused had been heavily indoctrinated by Mackenzie and could remain vulnerable to reoffending.
It urged Justice Diana Kavedza to assess each convict’s individual responsibility and the possibility of continued radicalisation.
Prosecutors Propose Rehabilitation for Shakahola Convicts
The prosecution presented recommendations from the National Counter Terrorism Centre (NCTC), proposing that the convicts voluntarily participate in rehabilitation programmes.
The programmes would involve engagement with counter-narratives intended to address extremist beliefs and support their eventual reintegration into society.
The DPP also proposed consecutive prison sentences if the court declines to impose life imprisonment on the 27 convicts.
The prosecution argued that each of the 191 deaths represented a separate murder offence and should therefore be considered independently during sentencing.
It further suggested grouping the victims into three age categories to guide the court’s sentencing considerations:
- Children aged seven years and below.
- Children aged between eight and 14 years.
- Minors aged between 15 and 18 years.
Special Sentencing Proposal for Co-Accused Who Pleaded Guilty
The prosecution made a separate proposal concerning Enos Amanya Ngala, who pleaded guilty to all 191 murder counts and was convicted on his own plea.
The DPP asked the court to consider the terms of his plea-bargaining agreement and proposed a custodial rehabilitation programme lasting between 24 and 30 months.
Under the proposal, Ngala would undergo rehabilitation while in custody, with periodic progress reports submitted to guide a subsequent review of his sentence.
The prosecution’s proposal also takes into account an 11-year custodial term, the period Ngala has already spent in remand and applicable remission.
When Will Paul Mackenzie Be Sentenced?
Justice Diana Kavedza is expected to deliver the sentences against the 29 convicts on November 6, 2026.
The sentencing follows the discovery of mass graves and human remains in Shakahola Forest, where investigations established that hundreds of people had died in circumstances linked to a religious movement led by Mackenzie.
The case has drawn national and international attention because of the scale of the deaths and the involvement of vulnerable followers, including children.
The upcoming sentencing will determine the punishments imposed on Mackenzie and his co-accused following their convictions.
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