ODPP to cross-examine 15 defence witnesses in Paul Mackenzie trial

The Director of Public Prosecutions is set to cross-examine 15 defence witnesses in the case involving pastor Paul Mackenzie and 36 others at Tononoka Children’s Court in Mombasa County.

The court previously ruled that a prima facie case had been established, placing all accused persons on their defence.

The prosecution says the trial concerns alleged offences against children and violations of children’s rights.

In a statement on Friday, the prosecution noted that the witnesses will give evidence in support of the defence next week, marking a key stage in the trial that has drawn national attention due to the nature of the allegations involving children’s rights violations.

The Office of the Director of Public Prosecutions (ODPP) stressed that the development follows a ruling by Principal Magistrate Kelly Chepchirchir, who found that the prosecution had established a prima facie case against the accused persons.

According to the prosecution, the court ruling resulted in all 36 remaining accused persons being placed on their defence after the court was satisfied that sufficient evidence had been presented to require them to respond to the charges.

This is after the Principal Magistrate at Tononoka Law Courts, Kelly Chepchirchir, ruled that the prosecution has established a prima facie case against the accused persons in the Republic vs Paul Mackenzie Nthenge and 39 others, and consequently placed all 36 accused persons on their defence.

The case initially involved 39 accused persons. However, the ODPP explained that the composition of the trial has since changed due to developments during proceedings.

“The accused persons face various charges relating to offences against children, which are alleged to have infringed and violated children's rights. The trial initially commenced with 39 accused persons. However, two accused persons have since died, while one accused person, Enos Amanya, entered into a plea agreement, leaving 36 accused persons to stand trial,” the statement reads.

The prosecution team handling the matter is led by senior legal officers from the Office of the Director of Public Prosecutions.

“The prosecution team comprises of Deputy Directors Jami Yamina; Principal Prosecution Counsel Victor Owiti, Betty Rubia, and Eunice Odongo and Prosecution Counsel Biasha Khalifa.”

The case, being heard at the Tononoka Children’s Court, continues to progress through the defence stage, with cross-examination of defence witnesses expected to test the strength of their testimony against the prosecution’s findings.

Legal observers say the next phase of proceedings will be crucial in determining how the court ultimately evaluates responsibility among the accused persons.

The matter remains one of the most closely watched child protection-related trials in the country, given the number of accused persons and the seriousness of the allegations involved.

Court proceedings are expected to continue next week as the DPP intensifies its cross-examination process in preparation for further defence hearings and eventual judicial determination of the case.