The office of the Director of Public Prosecutions (ODPP) has secured a significant breakthrough in the ongoing Shakahola manslaughter trial after one of the key accused persons entered into a plea bargain agreement with the state.
Enos Amanya Ngala, well known as ‘Hallelujah’, a co-accused of controversial preacher Pastor Mackenzie, was charged afresh on Friday, with 43 count of manslaughter after reaching a plea deal with the prosecution.
Under the agreement, Amanya pleaded guilty freely and voluntarily to all 43 counts, confirming to the court that his decision was made without threat, force, intimidation, or coercion of any kind.
As part of the arrangement, Amanya undertook to fully cooperate with investigators by recording a witness statement and testifying as a witness of the prosecution in the ongoing Shakahola proceedings, including the Kwa Binzaro massacre case.
Amanya also agreed to participate voluntarily in a rehabilitation programme during the term of his imprisonment.
In return, the state through the office of the Director of Public Prosecutions (DPP), agreed to withdraw 195 out of the 238 original manslaughter charges that had been preferred against him. The prosecution also undertook to withdraw all charges facing him at the Tononoka Children’s Court.
The prosecution further urged the court to treat Amanya as a first offender and recommended a custodial sentence of 11 years, considering the three years he has already spent in custody.
The remaining eight years would comprise two years in custody under rehabilitation program run by prison authorities and the national counter terrorism centre followed by six years under supervised probation for his reintegration back to society.
Amanya told the court that he had ample time to consult with his advocate, Kelvin Lisanza, before signing the agreement. The victim’s counsel acknowledged that the plea deal was entered into lawfully, and that it followed testimony from more than 100 witnesses.
Despite the development, Amanya’s wife, Anne Anyoso, and his younger brother, David Amanya, will continue to stand trial alongside other accused persons.
The matter is prosecuted by Deputy Directors Joseph Kimanthi and Jami Yamina, alongside Principal Prosecution Counsels Victor Owiti, Betty Rubia, and Alex Ndiema and Prosecution Counsel Yassir Mohammed.
