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Charo Kalu Thinga v. Republic

(2015) JELR 104986 (CA)

Court of Appeal  •  Criminal Appeal 125 of 2011  •  11 Dec 2015  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



This is yet another appeal raising the issue of availability of the defence of provocation by reason of belief in witchcraft. The appellant, Charo Kalu Thinga contends that the High Court (Omondi, J.) erred in convicting and sentencing him to death for the murder of his father, Mwadodo Thinga (deceased), and by failing to consider his defence of legal provocation founded on his belief that the deceased was a witch.

The tragic events behind this appeal are fairly straightforward. The deceased and his family lived at Makwala sub-location in Kilifi County. The deceased had three wives, Jumwa Dondo (PW1) being the first wife. The appellant’s mother is the second wife of the deceased. The third wife does not feature in this appeal. There is evidence on record from PW1 and Corporal Titus Mutunga (PW6) that there were allegations in the village that the deceased and PW1 were witches. The appellant had previously alleged that his father and stepmother were witches and were…

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