Judge furious after DPP says not ready to prosecute Shakahola suspects
Coast
By
Kelvin Karani
| Aug 12, 2025
The High Court in Mombasa has criticised the office of the Director of Public Prosecution (ODPP) for the delay of the murder trial of controversial pastor Paul Makenzi and his co-accused.
Justice Diana Mochache said it was an embarrassment for the prosecution to claim it was not ready to try the case against Makenzi and 29 others linked to the Shakahola massacre.
The judge flew in from Nairobi and was scheduled to hear the case continuously. At least 20 witnesses were expected to testify against the 30 accused persons facing 191 counts of murder.
Justice Mochache questioned and blamed the prosecution for its failure to communicate its plan to seek adjournment despite being aware that she was travelling from Nairobi to hear the case.
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“The question is, why did you not communicate that you are ready to proceed? The accused persons have spent the entire day here hungry, waiting for the matter to be heard.
"The dates were given by the prosecutors. I will not mention their names. There must be coordination,” Justice Mochache told the prosecution.
Makenzi and the 29 other persons protested the move by the prosecution, saying he has been in custody since March 2023. The accused said they were ready to face their accusers.
DPP’s Alex Ndiema and Victor Simbi told Justice Mochache that the iShakahola case had a special team of prosecutors who did not manage to travel due to logistical issues.
Ndiema told the High Court that he was proceeding on leave, and Simbi said he was travelling for studies, adding that they were hijacked to appear in court and asking the court to send new dates.
The accused persons' lawyer, Lawrence Obonyo, protested against the adjournment, saying the pre-trial had been done twice. He said the investigating officer was in court and should testify.
“The DPP knew that the matter was coming to court today. They had the dates. Ndiema talks of an amendment of the charge sheet, yet the DPP has sufficient time. This honourable court has travelled all the way from Nairobi to hear the matter… it should proceed,” Obonyo told the judge.
Justice Mochache travelled to Mombasa at a high cost, as she came with her driver, bodyguard, legal researcher and a secretary, only to be told that the DPP was not ready to continue.
She ordered the prosecution to be ready by Wednesday so that the case can kick off.