A collage of the accused who has since been set free and the collection of his charmsA Machakos court has acquitted a man accused of occult-related charges after prosecutors failed to prove their case beyond a reasonable doubt.
On Wednesday, the court set free 55-year-old Mumo Nthiwa, who had been facing charges of possessing charms and other articles allegedly linked to sorcery and enchantment.
The items were said to have been used with the intention of causing fear, annoyance, or injury to others, in violation of section 5 of the Witchcraft Act, Cap 67.
Nthiwa, who had pleaded not guilty, was arrested by detectives attached to the Directorate of Criminal Investigations (DCI) in Machakos. He had remained in custody pending trial.
In its ruling, the court ordered his immediate release, noting that the prosecution had not provided sufficient evidence to sustain the charges.
The court further directed that the items seized during his arrest, which had been presented as exhibits, be destroyed.
Among the exhibits presented in court were human hair, skin, nails, and photographs of residents, which prosecutors claimed were connected to occult practices.
The case emerged from investigations into the murder of a woman, Esther Katongo, in Kathiani last month.
Detectives told the court that during the probe, they encountered another suspect allegedly performing rituals near a water tank.
According to police, the suspect was found carrying half a kilogramme of tobacco, which he allegedly intended to dump into drinking water as part of a poisoning plot.
When confronted, he reportedly named Nthiwa as the source of the witchcraft items.
Detectives later raided Nthiwa’s premises, where they recovered various charms and other ritualistic materials. He was subsequently arrested and charged.
Despite these claims, the court found that the evidence presented was insufficient to prove that Nthiwa had engaged in criminal witchcraft practices or was linked to Katongo’s murder.
With the ruling, Nthiwa walked free, while the murder investigation into Katongo’s death and alleged poisoning attempt remains ongoing.
