Why DPP Ingonga wants Makenzi sentenced to death

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The Director of Public Prosecutions (DPP), Renson Ingonga, has urged the court to impose the death penalty on Paul Makenzi and a life sentence on his co-accused over the deaths of 191 people in Shakahola Forest.

Ingonga, in submissions made by his deputy Jami Yamina, urged the High Court in Mombasa to impose the death sentence on the controversial preacher for his role in the murder of 191 people, of whom 190 were children.

Yamina told the court that the death penalty was the most appropriate punishment for Makenzie, considering the gravity and heinous nature of the offences.

“The prosecution supports the imposition of capital punishment for Mackenzie, subject to consideration of his mitigation, remorse, regret and prospects of rehabilitation,” Yamina submitted.

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The DPP cited Section 204 of the Penal Code and the Supreme Court's Muruatetu jurisprudence, arguing that the circumstances of the case warranted the death sentence given the scale of the loss of life and the threat posed to society.

Makenzie and 28 others were convicted of 191 counts of murder arising from the deaths of 191 people at Shakahola Forest in Malindi Sub-County, Kilifi County, between January 2021 and September 2023.

Yamina also urged the court to sentence 27 other convicts to life imprisonment, arguing that their sentences should reflect the seriousness of the offences and the need to protect the public.

The prosecution told the court that the sentencing framework should balance retribution, deterrence, public protection, denunciation of crime, restorative justice and rehabilitation.

Yamina further submitted that the other convicts had been heavily indoctrinated by Mackenzie and could be vulnerable to reoffending. He urged the court to consider their individual levels of culpability while taking into account the risk of continued radicalisation.

The prosecution also presented a proposal by the National Counter Terrorism Centre (NCTC), recommending that the convicts voluntarily participate in rehabilitation programmes and engage with counter-narratives to facilitate their reintegration.

Should the court decline to impose life imprisonment on the 27 convicts, the DPP proposed consecutive sentences, noting that each of the 191 deaths constituted a distinct murder offence.

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The prosecution suggested categorising the victims into three age groups: children aged up to seven years, those aged between eight and 14, and minors aged between 15 and 18, to guide the sentencing process.

In the case of Enos Amanya Ngala, who pleaded guilty to all 191 murder counts and was convicted on his own plea, the DPP asked the court to consider the plea-bargaining agreement.

The prosecution proposed a custodial rehabilitation programme of between 24 and 30 months, with periodic progress reports to inform a subsequent review of his sentence. The proposal takes into account his proposed 11-year custodial term, time already spent in remand and applicable remission.

Justice Diana Kavedza is expected to sentence the 29 convicts this coming Friday.