Court finds Makenzi liable for 190 Shakahola child deaths

Paul Makenzi and his lawyer Lawrence Obonyo before Mombasa Law Courts. [Joackim Bwana, Standard]

Paul Makenzi has been held accountable for the deaths of 190 children following his directive to fast and his enforcement of dry fasting in Shakahola.

Justice Kavedza Mochache found Makenzi and 30 co-accused liable for the deaths of the children whose parents were asked to ensure they starved to meet Jesus.

In her judgement, Justice Mochache said the children did not consent to fast and did not understand the irreversible consequences of the fasting that meant death.

The Judge noted that Makenzi and the accused 30 admitted that fasting was voluntary.

“It is my finding that Makenzi issued a directive to all his followers to fast to death and ensured that children were subjected to dry fasting,” said Justice Mochache.

Makenzi had issued a directive to his followers in Shakahola to fast to death to be able to meet Jesus.

Makenzi had directed that children start the fast and die, followed by women, then men and his children would follow; then his wife and he would close the fast and go to heaven.

Makenzi forbade the followers to brush their teeth and to stay in warm places.

While others fasted, Makenzi and his family and close confidants continued to eat and drink water.

Justice Mochache recounted the evidence that children and pregnant mothers were chained and tied to trees for attempting to break the fast.

Children were asked to celebrate the deaths of their siblings and some dug up their own graves awaiting death and meeting Jesus.

The judge said that the children who tried to escape out of the forest and those who sneaked to eat food and water were brutally caned and forced to fast to death.

During the hearing, a mother told the court that she lost all her six children and her 12-day-old child.

“Makenzi had announced that they would go to heaven through blows and kicks. Children were severely caned for refusing to fast. P10 was beaten by his father. The inference I make was that violence was used to enforce the fasting regime,” said Justice Mochache,

In finding him guilty, the judge said that it was Makenzi who relocated people from Malindi to Shakahola and issued a directive to fast, leading to massive deaths.

Justice Mochache established that Makenzi was the owner of Good News International Ministries and Times TV, which relocated to Shakahola with the followers after the state closed it down.

“The Mathenge (Makenzi) responsibility matrix is that he was the lead pastor and chaired the meetings at Shakahola. He informed his followers to follow him to the 4860 acres he had bought from Bayamwaro village and sold to the followers at Sh2,000 per acre,” said Justice Mochache.

The judge noted that the evidence placed Makenzi at the head of the fasting.

“He was the one whose teaching led people to fasting. He emphasised that children, women and men would die fasting, followed by his children, wife and then he would end the fasting. Those who refused fasting were to be forced with kicks and blows,” said Justice Mochache.

In her judgement, she noted that although the pathological report showed that 110 deaths were not certain, corroborative evidence by witnesses and the circumstantial evidence led to the finding that Makenzi's declaration to fast led to the deaths.

She said that bodies recorded to have died from starvation were exhumed from the same graves as those whose reason for death was not certain in the pathology report.

The judge said the 110 uncertain deaths did not occur in a vacuum.

She said the evidence and circumstances surrounding the deaths pointed to Makenzi’s directive to fast and his violent enforcement of dry fasting.

“The uncertain deaths did not occur in a vacuum. The violence, unreported deaths, and lack of food and water led to starvation of the children,” said Justice Mochache

She said that the decomposition of bodies made it hard to conduct a postmortem and, in the absence of a conclusive pathological report, the court relies on circumstantial evidence.

Justice Mochache said that the testimonies from surviving parents and children indicated that the deceased were subjected to fasting without an option,

The judge said that forensic findings that starvation was a reason for death corroborate the witness accounts of fasting.

“Favour Kahindi's death was uncertain but the father told the court that the child died as a result of starvation. Postmortem is not the only form of determining the evidence. The availability of the evidence had been defeated by the circumstance of bodies buried in shallow graves, a fact that accelerated the decomposition,” said Justice Mochache.

The judge said that the coherent factual matrix of how the deaths occurred had been established.

“It is the court’s finding that, notwithstanding the postmortem report, the court draws inferences that the death of 110 children was as a result of starvation as a result of Makenzi’s directive,” said Justice Mochache.

The judge said that Makenzi and co-accused knew the consequences of their action as malice aforethought.

As Justice Mochane renders her verdict, Makenzi is also awaiting convictions in four other courts where he is facing manslaughter charges against 191 people before Mombasa' Chief Magistrate.

He is also awaiting conviction on charges of child cruelty and torture at Tononoka Children’s Court.

In Shanzu Law Courts, he is facing Terrorism and Radicalization charges.

In Malindi High Court, he is facing new charges of Murder of 52 people at Kwa Binzaro in Malindi, a breakaway cell of Shakahola.

He is accused of administering the said cell from his cell precinct at Shimo La Tewa.