- The Supreme Court has decided to postpone the Shakahola cases, citing the lack of funds facing the Office of the Director of Public Prosecutions (ODPP).
- In 2024, the ODPP sought to adjourn the case, asking for time to address budget constraints that hampered its ability to prosecute the case effectively.
- Paul Mackenzie and 38 co-accused are facing charges of child abuse and other violations linked to the deaths and mass graves discovered in the Shakahola Forest
Cases related to the murder of Shakahola have been postponed following the decision of the High Court.
Source: UGC
Why have Shakahola cases been postponed?
The decision cited financial constraints facing the Office of the Director of Public Prosecutions (ODPP) as a valid reason for the postponement.
Judge Wendy Micheni acknowledged the lack of money as the basis for asking the case to be adjourned.
Delivering the decision on December 30, Judge Micheni supported the ODPP's claim that speeding up judicial processes risks undermining justice.
“When judges, magistrates, or even prosecutors are pressured to make quick decisions, they may overlook important evidence or make mistakes, leading to wrongful convictions, acquittals, or other unjust outcomes,” he said.
The judge noted the need to strike a balance between speed and accuracy in court cases, noting that, when necessary, procedural delays serve justice more effectively than quick decisions.
Judge Micheni found merit in the ODPP's request for an extension of time, noting that the short amount of time granted had hindered the prosecutors' ability to adequately prepare for the trial.
When will Shakahola's case be heard again?
The court ordered that both parties proceed with the case under appropriate conditions but held that the ODPP should be given sufficient time to deal with pre-trial requirements.
“If the lack of funds is still not resolved, the ODPP should have enough time for a preliminary trial between witnesses, resident and distant prosecutors,” the judge decided.
This decision effectively halts progress in the Shakahola cases until the ODPP resolves its financial challenges.
The ODPP had previously requested permission to adjourn the case during a hearing at the Tononoka Children's Court in November last year, asking for time to deal with budget constraints that hampered its ability to prosecute the cases effectively.
Why was Paul Mackenzie arrested?
Pastor Paul Mackenzie He was arrested in April 2024 after hundreds of bodies were found near the premises of his Good News International Church.
More than 400 bodies, including children, were exhumed from graves in Shakahola, with many showing signs of starvation and physical assault.
Mackenzie allegedly encouraged members of his church to fast in order “may they reach heaven” in preparation for the end of the world.
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Source: TUKO.co.ke
