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9 - Epilogue

Published online by Cambridge University Press:  07 October 2011

Katherine Luongo
Affiliation:
Northeastern University, Boston
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Summary

Does the belief in witchcraft avail to an accused person the defence of provocation, and if so, under what circumstances? There is a long line of authorities … to illustrate the vexing nature of the issue both pre- and post the colonial era.

Witchcraft and (Postcolonial) Provocation

On a summer night in Malindi District, Patrick Tuva Mwanengu crept into the home of his kinsmen and hacked to death his uncle, Gona Mwanengu Gona, as Gona slept among members of the family. In the murder trial that followed, the question of witchcraft initially arose on cross-examination as prosecution witnesses testified that they were familiar with allegations that the deceased had practiced witchcraft. The defense counsel subsequently argued that accused’s belief in the witchcraft of the deceased constituted legally mitigating provocation.

In taking up witchcraft and provocation, the trial judge’s directions to the assessors offered startlingly contradictory advice. The judge first offered a straightforward explanation of provocation, emphasizing the elements of proximity and immediacy necessary to establish the legally mitigating condition. In contrast, his directions concerning witchcraft broke with convention. The judge wrote,

Belief in witchcraft is widespread among many communities in Africa. The belief can be deeply entrenched in the believer, who, convinced that the woes in his family are caused by the wizard or witch, will strike the latter without reflection. So that in considering the defence of provocation you must see the wide picture surrounding the claim. The cumulative effect of events culminating with the final blow.

This direction proffered an avenue to treat the (alleged) witchcraft of the deceased as legally mitigating provocation without the necessary conditions of immediacy and proximity being attached.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Luongo, KatherineA Self-Evident Death? Reading Water and Witchcraft in the News of a Kenya MP’s DeathJournal of the University of Michigan International Institute 2005 15Google Scholar
Odalo, BobNzuma, Victor 2003
2003
Carotenuto, MatthewLuongo, Katherine or Diaspora? Obama and the Luo Community of KenyaAfrican Affairs 103.481 2009 197CrossRefGoogle Scholar

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  • Epilogue
  • Katherine Luongo, Northeastern University, Boston
  • Book: Witchcraft and Colonial Rule in Kenya, 1900–1955
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511997914.009
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  • Epilogue
  • Katherine Luongo, Northeastern University, Boston
  • Book: Witchcraft and Colonial Rule in Kenya, 1900–1955
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511997914.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Epilogue
  • Katherine Luongo, Northeastern University, Boston
  • Book: Witchcraft and Colonial Rule in Kenya, 1900–1955
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511997914.009
Available formats
×