The Director of Public Prosecutions (DPP) has urged the High Court in Mombasa to sentence controversial preacher Paul Nthenge Mackenzie to death over the murder of 191 people, including 190 children, at Shakahola Forest.
In its sentencing submissions, the prosecution argued that the death penalty was justified by the scale of the killings, the seriousness of the offences and the danger posed to society.
Deputy Director of Public Prosecutions Jami Yamina said the court should consider the gravity of the crimes while assessing Mackenzie’s remorse, mitigation and prospects of rehabilitation.
Mackenzie and 28 others were convicted on 191 murder counts arising from deaths at Shakahola Forest in Malindi Sub-County, Kilifi County, between January 2021 and September 2023.
The DPP also sought life imprisonment for 27 co-accused, arguing that the sentences should reflect their individual responsibility while protecting the public from further harm.
The prosecution said the other convicts had been heavily indoctrinated by Mackenzie and could remain vulnerable to radicalisation.
It urged the court to consider rehabilitation programmes recommended by the National Counter Terrorism Centre (NCTC) to support their eventual reintegration into society.
Alternatively, the DPP proposed consecutive prison terms, arguing that each of the 191 deaths constituted a separate murder offence.
The prosecution further recommended that the victims be grouped into three age categories—children aged seven and below, those aged eight to 14, and minors aged 15 to 18—to guide sentencing.
For Enos Amanya Ngala, who pleaded guilty to all 191 murder charges, the DPP proposed a custodial rehabilitation programme lasting 24 to 30 months, with regular progress reports to the court.
The proposal takes into account his plea-bargaining agreement, an 11-year custodial term, time spent in remand and applicable remission.
Justice Diana Kavedza is expected to sentence all 29 convicts on November 6, 2026.
