PATRICK ALIKULA OMOLO V. REPUBLIC

JUDGMENT OF THE COURT

MWM, hereinafter “the victim” was a child with mental retardation having suffered from Autistic Spectrum disorder. At the material time she was staying with her mother, (PW1) and her other siblings on a plot owned by Mama Peter Kariuki, (PW3). On 11^th of August, 2011, PW1 received a message from PW3 that there was a pastor at her house who could pray for the victim. She immediately left for the house with the victim in tow.

Upon arrival in the house of PW3, they met the pastor who turned out to be the appellant. The appellant conducted some prayers for those who had come besides MWM and PW1; after which, he informed PW1 that there were evil spirits in her house that were making the victim sick which he needed to exorcise. The trio proceeded to PW1’s house and on arrival, the pastor sent away all the children who were in the house claiming that they might be possessed with the same evil spirits when he was exorcising them. The appellant then instructed PW1 not to op…