The manslaughter trial of suspected Shakahola cult leader Paul Mackenzie and his 94 accomplices has been postponed until March 2025 due to a shortage of prosecutors.
The case, originally scheduled for three days this week, was adjourned by a Mombasa Chief Magistrate’s Court on Monday after the Office of the Director of Public Prosecutions (ODPP) requested more time to address the issue.
Prosecutor Victor Simbi told the court that the team of seven prosecutors handling the case was unavailable due to transfers and other administrative matters. He informed the court, “I am the only prosecutor available for the entire week.”
Simbi explained that the Shakahola massacre case is complex and of significant public interest, which led to the formation of the large prosecutor team. He emphasized that the case required a detailed and coordinated effort, as it had already seen 18 witnesses and 281 exhibits presented.
Simbi justified his request for the adjournment, stating, “I am not saying I cannot handle this matter, but due to its weight, seriousness, and public interest, the team of seven prosecutors was formed to manage the case.” He also noted that there had been no immediate replacement for the three prosecutors who had been transferred.
Furthermore, he explained that even if replacements were available, the new prosecutors would require additional time to familiarize themselves with the case due to its complexity.
In contrast, Mackenzie and his accomplices, through their advocate Lawrence Obonyo, expressed their readiness to proceed with the trial. 
Obonyo argued that further delays would only prolong the case and pointed out that there should be no excuse for the ODPP to postpone the trial due to a shortage of prosecutors, as the state has adequate resources to deploy additional personnel.
Obonyo also stressed that all his clients had been denied bail with the expectation that the trial would proceed expeditiously. He argued that any delay in the proceedings could be seen as a violation of the accused’s constitutional right to a fair and speedy trial. Additionally, he pointed out that three of his clients had died while in lawful custody during the trial.
“None of the accused persons have been granted bail, so it would be fair that the same hand that denies them their constitutional right to bail also ensures a fair and expeditious trial. At no point have the accused persons caused any delay in this trial since it began,” Obonyo argued.
Chief Magistrate Alex Ithuku granted the prosecution’s request for an adjournment but expressed serious concerns about why prosecutors, who had been involved in planning for this week’s hearing, were reassigned. He suggested that this might indicate that the Shakahola trial was no longer a priority.
“When I denied the suspects’ bond, I directed that the matter proceed expeditiously. However, I will allow the adjournment, hoping we can make up for the week lost,” said Magistrate Ithuku.
The trial is now scheduled to resume from March 3 to 6, 2025.
