Shakahola Massacre: Mackenzie, co-accused detained for 130 more days

The state had requested 180 days of additional detention through Assistant DPP Jami Yamina.

Senior Principal Magistrate Joe Omido in a Thursday afternoon ruling, said that the prosecutions had advanced compelling reasons on merit.

He said the court was convinced that detectives required time to gather evidence before preparing charges against each of the suspects.

Chief Inspector Julius Wanjohi stated in an affidavit supporting the application that the investigation is complex, particularly the extraction of DNA material from 429 bodies for analysis.

Justice Omido noted that 360 bodies were severely decomposed, making the autopsy exercise delicate, costly, laborious, and time consuming,.

The court observed that solving the mystery of what caused the deaths in the Shakahola massacre was a complex adventure akin to putting together a jigsaw puzzle that required significant time and resources.

The court agreed that suspects pose a flight risk due to the gravity of the crimes they face, as well as the risk of interfering with potential witnesses and causing self-harm.

Omido also ruled that if the suspects were released, their own safety would be jeopardised because some had left their homes with children who are now missing and presumed dead in the Shakahola massacre.

The court also ruled that the DPP needed enough time to review the evidence and decide on the nature of the charges against each of the 66 suspects.

“The upshot is that I will allow their further remand in custody for 130 days which I think will serve the intended purpose,” added Hon. Omido

The court ordered that the suspects be held at Shimo La Tewa GK, Kilifi GK, and Malindi GK Men and Women Remand for a further period of not more than 130 days, beginning on September 11th, when the application was filed.

The case will be heard on January 18, 2024, at 0930 a.m., for the State to update the court on the status of the investigations and for further orders. 

Yamina, the assistant DPP, informed the court that the suspects will enter pleas on January 18, 2024, subject only to the DPP's instructions.

The decision on Makenzi's application will be delivered on January 9, 2024.