The case in which controversial preacher Paul Nthenge Mackenzie and 30 others are accused of murdering 191 children has been adjourned to September 24, 2024, after the defence failed to file submissions on the prosecution’s application to oppose bond in time.
When the matter came up in a virtual court session on Thursday, Malindi Lawyer James Mouko, who is representing Mackenzie and three other accused persons, said he had failed to file the submissions on time as his colleague, whom he had directed to do so, fell ill.
“My lady, I am really sorry that I was not able to file my submissions in time because I had given instructions to my colleague in the office but she fell unwell. I request for seven days to be able to file them. I do not intend to highlight the submissions after filing,” Mr. Mouko said.
Malindi High Court Judge Mugure Thande directed Mr. Mouko and his colleague, Wycliffe Makasembo, who represents all the accused persons, to file their submissions by August 1, 2024 and told Mr. Mouko to notify Mr. Makasembo, who was not present during the court session.
The state, through Principal Prosecution Counsel Victor Owiti, did not oppose Mr. Mouko’s application for seven days but asked the court to give a ruling date in advance, saying the prosecution would require just a few minutes to highlight the submissions before the ruling date.
Lady Justice Thande did not respond to the request for a ruling date but directed the defence lawyers to file their submissions by August 1 and all counsel to highlight their submissions on September 24, 2024.
Mackenzie and his co-accused persons have denied 191 counts of murder allegedly committed on unknown dates between 2021 and 2023 at Shakahola area in Malindi Sub County, Kilifi County, following alleged cultic teachings that led followers of the Good News International Ministries Church to fast to death ostensibly to see Jesus.
When the case came up on May 17, 2024, Lady Justice Thande directed the prosecution to amend the charge sheet to accommodate only 12 counts after Mr Mouko lamented that it was not proper to have too many counts in one charge sheet.
She also struck out an application by the defence counsel seeking to have the entire charge struck out on the grounds that it was defective, noting that the charge would not occasion any prejudice to the accused persons as claimed by the defence counsel.
