Rex v Mursoi (Craiminal Appeal No. 60 OF 1939)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court dismissed the appeal, holding that a belief in witchcraft does not constitute a defence to murder except where the accused has been put in such fear of immediate danger to his own life that the defence of grave and sudden provocation is proved. The appellant's belief that the deceased had bewitched his child did not meet this threshold.
Outcome
Conviction for murder upheld
Facts
The appellant was convicted of murder by the Supreme Court of Kenya. He appealed on the ground that he believed the deceased was a wizard who had laid a spell on his child. The appellant was absent and unrepresented at the appeal hearing.
Issues
- Whether a belief that the deceased was a wizard who had laid a spell on the appellant's child constitutes a defence to murder.
Orders
- Appeal dismissed.
Rules and key headnotes
Cases cited (1)
- Rex v Kumwaka wa Mulumbi and Others (14 K.L.R. 137)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.