A Nairobi High Court has dismissed a petition by Kituo Cha Sheria that sought to protect elderly women in Kilifi County and Kisii County who, the petition alleged, faced killings after being labeled witches, citing insufficient evidence.
Kituo Cha Sheria had sued the director-general of the National Intelligence Service, the Attorney General, the National Police Service, the Cabinet Secretary for Interior, and the county governments of Kisii and Kilifi. In the petition, the organization argued that the respondents failed to prevent the women from being killed.
In a written judgement delivered on Thursday, June 25, 2026, Judge Lawrence Mugambi said the petition did not meet the required standards and also failed to substantively prove the case it advanced.
The court also noted that Kituo Cha Sheria relied on witness statements, news reports, and affidavits from the court record. However, the judge found that the petition effectively depended on newspaper cuttings as its main proof.
However, the judge said the statement of fact in the newspaper amounted to hearsay and therefore could not be admitted as evidence unless the person who made the statement appeared in court and faced the opportunity to be questioned about what had been reported.
The court noted that the petitioner failed to call the creators of the newspaper cuttings to testify and did not submit a supporting affidavit. Justice Lawrence Mugambi explained that while newspapers carry a presumption of genuineness, they remain legally inadmissible if the authors are not present to testify, produce the documents, and face cross-examination regarding the reported facts.
“The sources of facts that led to the publication of those newspaper articles cannot be verified, as not even the authors of these reports show affidavits to authenticate the reports derived by the petitioners,” Justice Mugambi added.
Ultimately, the judge found the evidence insufficient to establish liability under the civil standard of proof.
“On a balance of probabilities, I would not regard this as credible evidence to be used as a basis of finding liability. The conclusion that this court must inescapably reach is that this petition fails for want of proof on a balance of probabilities,” the judge ruled.
