The prosecution has lined up 128 witnesses and dozens of exhibits in its case against controversial preacher Paul Nthenge Mackenzie and seven others charged over the Shakahola Kwa Binzaro killings.
The accused were arraigned before High Court Judge Wendy Kagendo in Mombasa, where they denied a raft of charges, including murder as crimes against humanity under the International Crimes Act, No.16 of 2008.
According to the Office of the Director of Public Prosecutions, Mackenzie and five co-accused face 23 counts of murder as crimes against humanity, contrary to Section 6(1)(b) of the Act and Articles 7(1)(a) and 25(3)(a) and (b) of the Rome Statute of the International Criminal Court.
The prosecution alleges that the six unlawfully killed 23 members of the Good News International Church, aged between six months and 18 years, in what it described as a coordinated attack executed as part of the organisation’s operational policy at Kwa Binzaro in Chakama Location, Magarini Sub-County, Kilifi County.
In court, the Director of Public Prosecutions stated that the killings were deliberate and premeditated, carried out “with full knowledge that their actions would result in death.”
Justice Kagendo noted that the genders of the victims have not yet been ascertained, prompting the court to assign identifiers in the official record.
Beyond the international crimes charges, Mackenzie and five others also face 23 counts of murder under the Penal Code.
Two of the accused — Charles Mutua Musee alias Mzee Mutua and James Kazungu Kahindi alias Ponda or Baba Bura — were charged separately as accessories after the fact.
The prosecution told the court that Mutua allegedly sheltered one suspect in Mwingi Sub-County, while James is accused of assisting three co-accused persons in Mombasa County between July 19 and 21, 2025, in an effort to help them evade justice.
All eight accused pleaded not guilty.
Deputy DPPs Jami Yamina and Joseph Kimanthi are leading the prosecution, assisted by Assistant DPP Ngina Mutua and Principal Prosecution Counsels Victor Owiti and Betty Rubia.
They confirmed to the court that 128 witnesses will testify and that numerous exhibits will be produced to support what they termed a “thorough and robust case.”
Justice Kagendo ordered that Mackenzie be remanded at Shimo la Tewa Prison. His co-accused were ordered to remain at Malindi GK Prison for two weeks pending transfer arrangements.
The court directed the prosecution to make full disclosure of all evidence within two weeks to enable the defence to prepare adequately.
The matter is scheduled for mention on March 18, 2026, as the high-profile case proceeds.
