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

Juju-involved pedicide is becoming a frequent crime in contemporary African communities. Yet, sparse empirical studies on the subject exist. The present study explores the magnitude, motivations, and primary features of this crime in Kenya. An in-depth analysis was conducted of ritual homicide reports publicized in three Kenyan media outlets between 2012 and 2021. Semi-structured interviews were then conducted with five academics and activists to gain additional insights into key aspects of the results of the content analysis. The data support relevant existing literature that the worst victims of juju-driven murders are children of low socio-economic background in rural communities. The study calls for traditional spiritualists and dubious religious leaders to be brought under closer scrutiny.