.The prosecution team told Hon Mugure Thande that each count reflects the number of children allegedly killed by the accused person at Shakahola forest
.The prosecution further told Hon. Thande that there is no lesser rights between the 191 murdered children and the accused persons
.The DPP team was responding to Mackenzie and his co- accused’s objections to the number of murder counts facing them
The DPP today asked the High Court to dismiss preliminary objection by Shakahola massacre prime suspect Paul Nthege Mackenzie and 29 others to oppose 191 counts of murder facing them.
The prosecution team told Hon Mugure Thande that each count reflects the number of children allegedly killed by the accused person at Shakahola forest.
The prosecution argued that there is no provision of law compelling the DPP to reduce the number of murder charges Mackenzie and his 29 co- accused persons.
The prosecution further told Hon. Thande that there is no lesser rights between the 191 murdered children and the accused persons .
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The DPP team submitted that 191 murder counts will only meet the justice of the case, if the court will refrain itself from interfering with the DPP’s power to institute criminal charges based on material facts.
The DPP also dismissed Mackenzie’s argument 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.
The court is also expected to hear an application by the prosecutions to oppose the release of Mackenzie and his co- accused on bond.
All the 30 accused persons jointly pleaded not guilty to 191 counts of murder to section 203 as read with 204 of penal code.
They allegedly committed the offenses on unknown date between January 2021 and September 2023 at Shakahola area in Malindi sub county within Kilifi county.
Hon Thande heard that some of the murdered children were identified with their names while others with initials, since they were unidentified by investigators.
The court also heard the genders of some of the murdered children were unknown.
