Self-proclaimed pastor, Paul Nthenge Mackenzie and 28 co-accused, have been found guilty of murdering 190 children and one adult in Shakahola Forest, Kilifi County, in what the High Court described as a system of enforced fasting that began with children.
Delivering Judgment, Monday, Lady Justice Diana Kavedza, said the prosecution had proved its case against all the 29 accused persons. Each was convicted on all 191 counts of murder. Sentencing will take place on November 6.
Thirty-one people were originally charged. Proceedings against two of them abated after they died during the trial. One of the 29, Enos Amanya Ngala, had pleaded guilty to all counts and was convicted on his own plea.
The Court found that Mackenzie, who led Good News International Ministries, directed followers to fast to death to “meet Jesus”, starting with children, then youth, women and men. Those who resisted were forced to comply through beatings, restraint and confinement.
The Judge found that Mackenzie deliberately misinterpreted scripture to radicalise followers. His teachings denounced education and modern medicine, portrayed the Government as evil, and urged believers to isolate themselves and relocate to Shakahola. The court held that this met the definition of an extreme belief system under the Prevention of Terrorism Act.
`Post-mortem reports showed starvation as the cause of death in 72 cases, with others attributed to asphyxia, neck compression and head injury. In over 100 cases, the cause could not be established because of decomposition. The court nevertheless inferred starvation from eyewitness accounts, the condition of the graves and the pattern of deaths.
The Court rejected the defence argument that followers moved to Shakahola voluntarily and fasted by personal choice. It held that children could not give meaningful consent to fast to death, and that parents have a legal duty to protect a child’s life, not a right to decide the child should die for a belief.
The trial, which the Court described as the most significant criminal case in Kenya’s history, heard 120 prosecution witnesses and nine for the defence. Investigators recovered 429 bodies from the forest between April and July 2023, of which 191 were the subject of the murder charges.
Speaking at a press briefing after the judgment, Director of Public Prosecutions, Renson Ingonga, said the verdict was the outcome of sustained teamwork.
“Today was a momentous day. This is the day most of us have been waiting for. Getting a conviction in such a case of 191 counts, multiple accused persons and several witnesses is not something that comes easily,” Ingonga said
He said the prosecution was satisfied with the judgment and would now await sentencing. “I am happy with the decision the court has delivered today. It was not an easy case, but we tried our best,” he added, acknowledging the media for following the case from the start.
Deputy Director of Criminal Investigations John Onyango thanked all the agencies that took part in the investigation.
“The work of the judge was very easy because the prosecution led the evidence and everything went on smoothly,” he said.
by Ramadhan Nassib .
