UPDATES
Shakahola: Why court advised DPP to cut number of charges
The High Court has advised that prosecuting controversial preacher Paul Mackenzie and his co-accused with 191 counts of murder is not in the public interest or the interest of the administration of justice.
Malindi High Court Judge Mugure Thande observed that it would be virtually impractical to manage this kind of trial, which is likely to be prolonged.
“The convolution of the matter will also be of unimaginable proportions. An overloaded charge will clearly occasion delay in the conclusion of the trial. This will lead to a violation of the right of the accused to a fair hearing as guaranteed under the law, and in particular, the right to an expedited hearing,” said the Judge.
While noting that the decision to charge and the number of counts in a charge sheet or information lies with the Office of the Director of Public Prosecution (ODPP), the judge argued that engaging in a lengthy trial, which is likely to lead to confusion of the prosecution case, will certainly not be in the public interest or justice.
Additionally, Justice Thande noted that the impracticality of managing such a trial and the inconvenience and embarrassment likely to be caused to the defence, the prosecution, and the court cannot be ignored or disregarded.
“Having one very long trial will be extremely burdensome not only to the court but also to the prosecution as well as the defence. The question that assails the mind of the court is, what will the judgment in a case with 31 accused persons facing 191 counts even look like?” the judge posed.
Therefore, the judge advised that the reasonable thing to do in the interests of all concerned is for the prosecution to withdraw some counts in the information and remain with a manageable number.
The judge noted that the withdrawn charges may be revived if necessary, adding the “interests of justice will be better served this way.”
While acknowledging the independence of ODPP, Justice Thande noted that the law requires the holder of that office to have regard for the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process in exercising the powers conferred by the Constitution.
“In the end, and in view of the foregoing, I do concur with the defence that the charge sheet containing 191 counts is clearly overloaded. I accordingly direct the ODPP to file an amended information with reduced counts not exceeding 12,” said the judge.
Justice Thande also observed that charging an accused person with many counts in one charge sheet is frowned upon because of the potential prejudice that may be occasioned by such, adding that overloading information militates against the public interest and the interests of justice.
“This court vividly recalls the length of time it took just to read out all the 191 charges during plea taking by the accused. It took two court assistants helping each other. One can only imagine how long it will take for evidence to be adduced against each of the 31 Accused, and recorded in respect of all the 191 charges,” said the judge.
However, the court okayed the state to prosecute Mackenzie and his group for murdering an unnamed person whose gender is also not known.
The law provides that a charge or information shall be sufficient if it contains a statement of the specific offence or offences facing an accused person and particulars as may be necessary for giving reasonable information as to the nature of the offence.
However, the ODPP team consisting of Deputy DPP Victor Mule, Mombasa Assistant DPP Peter Kiprop, Senior Principal Prosecution Counsel Ms Ngina Mutua, Principle Prosecution Counsels Victor Owiti, Betty Rubia and Joseph Mwangi affirmed that the information complained of is in line with the law and meets all the requirements.
“The information contains the respective statements of the specific offences with which the accused are charged. The particulars are as sufficient as necessary to give reasonable information as to the nature of the offence charged,” said Mule.
The prosecution contended that all the 191 counts contain a statement that each of the accused is charged with murder and the particulars which inform the accused of the victims and the period of the offence.
The prosecution also denied that the information contained in the charge sheet was overloaded.
Reda more: Nation Africa
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.