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Shakahola trial delayed to 2025 over prosecutor shortage

Teresiah Ngio by Teresiah Ngio
November 13, 2024
in News
Reading Time: 2 mins read

The high-profile manslaughter trial of suspected Shakahola cult leader Paul Mackenzie and 94 accomplices has been postponed to March 2025. The trial, initially set for this week, was adjourned by the Mombasa Chief Magistrate’s Court after the Office of the Director of Public Prosecutions (ODPP) cited a shortage of prosecutors.

Prosecutor Victor Simbi, the only available prosecutor, informed the court that the team of seven prosecutors assembled to handle the case was unavailable due to transfers and other administrative issues. Simbi stated, “I am the only prosecutor available for the entire week,” highlighting the difficulty of proceeding alone in such a complex and sensitive case.

The Shakahola trial, which has garnered national attention, involves charges stemming from an alleged cult in which Mackenzie and his followers are accused of encouraging starvation as a means to “meet God.” With 18 witnesses and 281 exhibits already presented, Simbi explained that the prosecution team was essential due to the case’s complexity and public significance. “I am not saying I cannot handle this matter, but due to its weight, seriousness, and public interest, the team of seven prosecutors was formed to manage the case,” Simbi clarified. He noted that no replacements were immediately available for the transferred prosecutors, and new appointees would require time to familiarize themselves with the case.

On the defense side, Mackenzie’s attorney, Lawrence Obonyo, argued against the delay, stressing that the accused were prepared to proceed. Obonyo criticized the ODPP’s request, arguing that adequate state resources should be allocated to ensure the trial moves forward without further postponements. “None of the accused persons have been granted bail, so it would be fair that the same hand that denies them their constitutional right to bail also ensures a fair and expeditious trial,” Obonyo contended. He also pointed out that three of his clients had died in custody, underscoring the urgency of a swift trial.

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Chief Magistrate Alex Ithuku expressed concern about the sudden reassignments within the prosecution team, suggesting it might imply a shift in priorities. Nevertheless, he approved the adjournment, urging that the time lost be compensated. “When I denied the suspects’ bond, I directed that the matter proceed expeditiously. However, I will allow the adjournment, hoping we can make up for the week lost,” Magistrate Ithuku remarked.

The trial is now scheduled to resume from March 3 to 6, 2025.

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