A petition has been filed at the Milimani Law Courts seeking to protect the rights of elderly people who have in the recent past lost their lives based on claims that they are witches.
Section 6 of the Witchcraft Acts of the Laws of Kenya criminalized the acts of accusing anyone of being a witch unless such a claim is made to a person in authority.
Kituo cha Sheria in its court papers says "It is common knowledge that in Kisii and Kilifi regions of Kenya, there continues to be a common cultural practice of witchcraft and superstition which has targeted the elderly member of that society".
It has cited examples of the Marandi killings that happened in December 2022 where elderly women lost their lives.
Kituo cha Sheria explains that the women died because of actions that were not substantiated but mere rumours.
None of the killers according to Kituo were arrested by the IG.
They have also faulted the Director General of the National Intelligence Service for failing to review any steps it has taken to gather intelligence on the matter.
It is their case that the government has failed the innocent elderly women in Kisii and Kilifi counties from the attacks and killings by members of the Public on allegations that they are witches.
"It is the duty of the state including that of the county government of Kisii and Kilifi to protect its citizens from external and internal threats," says Kituo.
"The killing of the elderly is an archaic and medieval practice that has no place in a civilized society."
According to the court papers, the witches are killed to cleanse society from bad omens.
As a result, they have sought a raft of declarations among them for the Attorney General to be ordered to prepare and prevent before parliament for the purpose of debating and enacting specific legislation providing clear rights and protection to the elderly.
Also sought is a declaration that the respondents have jointly committed a crime against humanity due to their non-action and tolerance of killing of elderly women in Kisii and Kilifi counties.
Those sued are the Director General of the National Intelligence Service, AG, IG, CS Interior, the County Government of Kisii and the County Government of Kilifi.