A Nairobi High Court has dismissed a petition filed by Kituo Cha Sheria seeking to protect the rights of elderly women in Kilifi County and Kisii County based on claims that they are witches due to a lack of evidence.

Kituo Cha Sheria 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, arguing that they failed to prevent the elderly women from being killed.

In a detailed judgement delivered on Thursday, June 25, 2026, Judge Lawrence Mugambi has stated that the petition does not meet the specific requirement and also failed to substantively prove its expectation.

The court has also averred that Kituo Cha Sheria (petitioner) relied on witness statements, news reports and affidavits from the record, but it essentially relied only on newspaper cuttings as proof.

However, the judge cites that the statement of fact contained in the newspaper is merely hearsay and therefore inadmissible as evidence in the absence of the maker of the statement appearing before the court and opposing having perceived the fact reported.

In addition, the court has stated that the petitioner did not call the makers of the newspaper cuttings, nor did they file an affidavit in support.

Notably, Justice Mugambi states that though the newspapers may be presumed genuine, the same remain inadmissible in evidence for failure to allow the makers to give evidence and produce the same opposing having perceived the facts as the facts reported.

“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.

“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.