The DPP has today urged the High Court in Malindi to dismiss preliminary objections filed by Shakahola massacre prime suspect Paul Nthege Mackenzie and 29 others in protest of the 191 counts of murder facing them.
The prosecution team told Hon. Mugure Thande that each count represents the number of children allegedly killed by the accused persons in Shakahola Forest.
The prosecution argued that there is no provision of law compelling the DPP to reduce the number of murder charges facing Mackenzie and his 29 co-accused persons. The prosecution further informed the court that there are no lesser rights between the 191 murdered children and those of the accused persons.
The DPP team consisting of the Deputy Director Public Prosecutions, Mr. Victor Mule; Senior Assistant Director Public Prosecutions, Mr. Peter Kiprop; Senior Principal Prosecution Counsel, Ms. Ngina Mutua; Principal Prosecution Counsel, Mr. Victor Owiti; Principal Prosecution Counsel, Ms. Betty Rubia; and Senior Prosecution Counsel, Mr. Joseph Mwangi, submitted that 191 murder counts will only meet the justice of the case if the court refrains from interfering with the DPP’s power to institute criminal charges based on material facts.
The DPP also dismissed Mackenzie’s claim that the 191 charges were defective and would delay the conclusion of their case. The DPP team was responding to Mackenzie and his co-accused’s objections to the number of murder counts facing them.
The High Court will deliver its ruling on the application on 17 May 2024.
