MOMBASA, Kenya—The High Court is scheduled to deliver judgment in the case involving 191 murder counts linked to children whose bodies were recovered from mass graves in Shakahola Forest, Kilifi County.
Paul Nthenge Mackenzie and 30 co-accused are expected to learn their fate on Monday as the High Court delivers judgment in one of the most consequential criminal proceedings arising from the Shakahola deaths.
The judgment in Criminal Case E003 of 2024, Republic v Paul Nthenge Mackenzie and 30 Others, is scheduled for 9am at the Mombasa Law Courts before Lady Justice Diana Kavedza-Mochache. The date was moved from October 16, according to a court notice issued earlier this month.
The accused face 191 counts of murder involving 11 identified children and 180 whose identities have not been established. The charges relate to alleged offences committed between January 2021 and September 2023, with the prosecution linking the deaths to events in Shakahola Forest in Kilifi County.
The case centres on allegations that Mackenzie, who has also used the names Mtumishi, Nabii and Papaa, instructed followers associated with his religious movement to fast to death in preparation to meet Jesus. These are prosecution allegations that the court must assess against the evidence and the accused persons’ defences.
Mass graves to murder trial
The Shakahola tragedy drew national and international attention in 2023 after authorities began recovering bodies from mass graves in the forest. Investigations exposed the devastating consequences of a religious movement in which extreme fasting was allegedly promoted as a route to salvation.
The recovery of bodies, the identification of victims and the investigation into the circumstances of their deaths became a major undertaking involving police investigators, forensic specialists, pathologists and other government agencies.
Mackenzie’s case subsequently became one of the central criminal proceedings arising from the tragedy. The 191-count indictment covers the alleged murders of children, making the case particularly significant because of the vulnerability of the victims and the wider questions it raises about the protection of children from harmful practices conducted under religious authority.
The scale of the indictment also presented a legal challenge. The defence questioned whether trying 191 murder counts together would prejudice the accused persons’ right to a fair trial. The dispute went through the courts, with the Court of Appeal allowing the full indictment to proceed in 2025.
Evidence
On April 15, 2026, Justice Kavedza ruled that the prosecution had established a prima facie case against all 31 accused persons and placed them on their defence under Section 211 of the Criminal Procedure Code.
The prosecution called 121 witnesses, including survivors, investigators and expert witnesses. The evidence presented included postmortem reports, government analyst findings and other forensic material connected to the investigation.
A finding that an accused person has a case to answer is an important stage in a criminal trial, but it is not a conviction. It means the evidence presented by the prosecution is sufficient to require a response from the defence. The prosecution retains the burden of proving the charges to the required criminal standard.
The judgment will therefore be a crucial test of the evidence presented against each accused person and the arguments advanced in response. The court must assess the individual charges and the evidence relevant to each accused, rather than treating the 31 people as automatically bearing identical criminal responsibility.
Mackenzie versus child protection
The Shakahola case has raised questions extending beyond the immediate criminal proceedings. These include how warning signs were handled, how vulnerable followers came under the influence of extreme religious teachings, and whether institutions responsible for protecting children and preventing abuse responded adequately.
The outcome of the murder trial will determine the court’s findings on the charges before it. It will not, by itself, answer every question arising from the wider tragedy or resolve separate criminal proceedings connected to other alleged offences and deaths.
Authorities have pursued additional cases linked to alleged radicalisation and other offences associated with Mackenzie’s movement. Those proceedings must be reported separately, with their own charges, evidence and legal status clearly distinguished from the murder trial.
The central issue in Monday’s proceedings remains whether the prosecution has proved the 191 murder charges against the accused persons. Until the court delivers its decision, the charges remain allegations, and the accused are entitled to the protections of a fair trial.
For the families of the children whose bodies were recovered from Shakahola, the judgment represents a major milestone in a long and painful search for accountability. For the country, it is another significant stage in a case that has forced difficult questions about religious freedom, criminal responsibility and the duty to protect children from exploitation and harm.
The court’s decision is expected to mark a defining moment in the Shakahola murder proceedings, although the wider pursuit of accountability may continue through separate cases and investigations.
Prosecution on 191
In submissions ahead of Monday’s judgment, prosecutors urged the High Court to convict Paul Nthenge Mackenzie and 30 co-accused of murder over 191 deaths linked to the Shakahola tragedy, including 190 children.
The prosecution argued that the evidence presented during the trial established that Mackenzie, also known as Mtumishi, Nabii and Papaa, issued instructions for his followers to fast to death in the belief that they would meet Jesus Christ in heaven.
According to the prosecution, starvation was the likely cause of death in 99 per cent of the cases, while two deaths were attributed to direct human action.
The submissions set out the prosecution’s case as the court prepares to determine whether the evidence proves the murder charges against the 31 accused persons beyond reasonable doubt. The court’s judgment will establish its findings on the charges; until then, the prosecution’s assertions remain allegations to be assessed against the full trial record and the defence.
The case has drawn national attention because of the number of children among the deceased and the questions it raises about the alleged exploitation of religious belief, the protection of vulnerable followers and criminal accountability.
