Kenya's weirdest law-The Witchcraft Act of Kenya

The Witchcraft Act of Kenya, enacted on 12th November 1925, is turning 99 years today!

This old law is both fascinating and contentious and is surprisingly still in effect nearly a century after it was passed into law! Rooted in colonial-era thinking, the Act continues to impact the lives of Kenyans, particularly those in rural communities where belief and practice of witchcraft remains deeply ingrained.

The Act has vague wording of what constitutes "witchcraft" therefore enforcement is often inconsistent and leaves much to interpretation. This legal ambiguity can lead to arbitrary arrests and prosecutions, leaving people, especially the elderly or vulnerable, at risk of accusations and marginalization. There have been multiple cases of Kenyans accused of witchcraft and being victims of mob justice to a point of death on mere allegations.

On paper, the Act’s intent is understandable however that is as far as it goes. It aims to mitigate the social uproar that accusations of witchcraft can cause, especially in closely-knit communities. But in modern Kenya, where Article 8 of the Constitution declares Kenya as a secular state, it’s worth questioning whether this Act has a place where the freedom of religion as per Article 32 is enshrined and where Culture is upheld as per Article 11 of the constitution.

Historically the Witchcraft Act was introduced by British colonial authorities to curb practices associated with witchcraft and to quell accusations of witchcraft that often led to conflict within communities or saw they claimed. The law essentially aims to criminalize:

Practicing Witchcraft with Harmful Intent: Anyone practicing witchcraft to cause harm, fear, or influence is subject to penalties, including imprisonment.
Baseless Accusations of Witchcraft: The law also prohibits accusing others of witchcraft without evidence, as unfounded accusations often led to social stigma or even physical harm.
Use of Witchcraft for Manipulation: Employing supernatural practices to influence or control others is also outlawed, particularly when it threatens public order.

The Witchcraft Act has complex implications. For one, many rural communities in Kenya hold strong beliefs in witchcraft as a basis for religion and a way of life, this is in contrast to the introduction of religions such as Christianity and Islam where the practice of what is described as witchcraft is frowned upon. While the act provides law enforcement agencies with a tool to intervene in cases where accusations lead to violence or ostracism. Police are often called to protect individuals accused of witchcraft from mob justice or communal retaliation.

Criticisms and Calls for Reform

The Witchcraft Act has increasingly come under fire, with many human rights advocates, legal scholars, and members of the public questioning its relevance in today’s Kenya. The main criticism are:

Stigmatization and Discrimination: The Act can fuel stigma, especially against vulnerable individuals who are more likely to face accusations. In many cases, these are elderly individuals or people on the margins of society.
Vagueness and Arbitrary Enforcement: As mentioned, the law lacks clear definitions of what constitutes witchcraft, leaving too much room for subjective interpretation. This can lead to unequal enforcement and even abuses of power.
Conflict with Constitutional Freedoms: The Kenyan Constitution protects freedom of belief and religion. Critics argue that the Witchcraft Act conflicts with these rights by indirectly criminalizing spiritual practices that many communities regard as integral to their culture.

Kenya’s diverse cultural landscape makes this a uniquely sensitive issue. For many, traditional beliefs in witchcraft are intertwined with cultural identity and personal spirituality. Repealing or reforming the Witchcraft Act would thus require a nuanced approach. Any legal updates must balance respect for cultural traditions with protections against abuse and exploitation.

Conclusion

As we continue to advocate for a modern, rights-based legal framework in Kenya, we must revisit laws like the Witchcraft Act. Although its intent to protect society is evident, its execution and scope may no longer fit Kenya’s current legal and social realities. Reforming or even repealing the Act would represent a progressive step toward a more equitable legal landscape—one that upholds human rights while respecting Kenya’s rich cultural diversity. In a rapidly evolving society, the Witchcraft Act serves as a reminder that even laws meant to protect must grow and adapt with the people they govern.

(*The above does not constitute legal advice kindly reach out to us or your legal representative for advice applicable to you! *)