Provocation by Witchcraft: Exploring the Evolution of the Kenyan Courts’ Interpretation of the Doctrine of Provocation in Relation to Witchcraft Beliefs

Abstract The belief in witchcraft and sorcery is a significant cause of intentional homicide Kenya. Moreover, those who kill people suspected being witches often employ as defense for their actions the so-called provocation by argument: was purportedly committed under influence sorcery. One major legal difficulty that Kenyan courts have frequently been invited to resolve thus question whether avails an accused person grave and, if so, what circumstances. Drawing largely on pertinent case law, statutes, academic literature, author explores controversy over witchcraft. first offers exposition concept Africa critically discusses evolution courts’ interpretation country’s law relation beliefs since 1930s. establishes current common defenses heat passion sudden may apply instances where there no real exceeded boundaries without well-grounded reasons. cautions giving doctrine such broad construction application increase already rampant killings