The Shakahola massacre trial took a dramatic turn after one of the accused, Enos Amanya Ngala, alias Hallelujah, agreed to record a confession and testify against controversial preacher Paul Nthenge Mackenzie and 29 other co-accused persons.
Malindi High Court Judge Diana Mochache ordered that Mr. Amanya, who is the seventh accused in the case, be separated from the rest of the defendants to allow the legal proceedings surrounding his confession to proceed smoothly.
Amanya faces 191 counts of murder alongside Mackenzie and the other co-accused.
The development represents a significant setback for the defense strategy, as Amanya breaks ranks with his co-defendants.
His wife, Anne Anyoso, and younger brother, David Amanya, will continue standing trial with the remaining accused persons.
Justice Mochache appointed advocate Kelvin Lisanza to represent Mr. Amanya and guide him through the confession and plea-taking process.
The judge directed that he be escorted to the Chief Magistrate’s Court chambers for the appointment of a magistrate to formally record the confession.
She emphasised that the accused’s lawyer must be present during the process, after which Mr. Amanya will enter a fresh plea.
The judge disclosed that the accused had written several letters to the court containing what amounted to a confession.
However, she noted that the court did not act on the letters directly, as plea bargaining falls exclusively under the Office of the Director of Public Prosecutions (ODPP).
Justice Mochache also directed that Amanya’s daughter, who has already testified in the case, be present during the recording of the confession.
She further instructed prison authorities to ensure the accused’s safety throughout the process.
The ODPP is expected to enter into a plea bargain with Mr. Amanya based on the recorded confession.
The prosecution team, including Senior Assistant Director Joseph Kimanthi, Assistant Directors Alexander Muteti and Ngina Mutua, and Principal Prosecution Counsels Victor Owiti and Betty Rubia, welcomed the breakthrough.
They reaffirmed that the ODPP remains open to plea-bargaining arrangements with any accused willing to cooperate, which may include turning them into state witnesses or withdrawing charges in accordance with established policy.
Meanwhile, the court has lined up six witnesses to testify, including Dominican Ngumah, who recounted how his three children died during the Shakahola massacre.
Mr. Ngumah’s wife is also facing charges in separate cases linked to the incident and stands trial alongside Mackenzie and the other suspects.
By Sitati Reagan
