The Office of the Directorate of Public Prosecutions (ODPP) has appealed a court decision that seeks to compel them to reduce charges against Shakahola massacre suspect Paul Mackenzie and 29 others.
In a statement on Monday, July 15, 2024, ODPP said that the court had directed them to reduce the charges from 191 to 12.
“The Director of Public Prosecutions has appealed against the High Court ruling directing the reduction of 191 charges of murder against Shakahola massacre prime suspect Paul Mackenzie and 29 other suspects. The Court of Appeal sitting in Malindi is expected to set a hearing date for the DPP’s appeal, which has been filed in court,” ODPP stated.
“Lady Justice Mugure Thande ruled that the charges were overloaded and directed the DPP to amend the charges and ensure the counts did not exceed more than 12. In her ruling, Hon. Thande argued that reducing the 191 murder charges against Mackenzie and his 29 co-accused will facilitate quick delivery of justice to all parties, besides saving precious judicial time.”
Court’s direction
The judge directed the DPP to amend the information containing the murder counts within 21 days and file fresh charges against them.
According to the prosecution team led by Senior Assistant Director of Public Prosecutions, Peter Kiprop, Thande’s ruling, delivered on May 17, 2024 at Malindi High Court, is in contravention of the constitutional mandate of the DPP.
The memorandum of appeal, quoted by the ODPP indicates that the judge erred in law and fact by directing the filing of information on counts not exceeding 12.
It further stated that the judge erred in law and in fact for failing to apply in her mind the proper applicable tests of particulars.
“The learned judge erred in law and in fact by directing the filing of an information of counts not exceeding 12 in a manner that was not in conformity with the provisions of Section 135(3) of the Criminal Procedure Code, Cap 75 Laws of Kenya,” the prosecution team added.
The court is also expected to hear an application by the prosecution to oppose the release of Mackenzie and his co-accused on bond.
Thande directed parties to highlight submissions on the prosecution’s application to oppose bond on July 18, 2024.