Stage managed? Kakamega animal thieves 'arrested' by witchdoctor freed

Three suspects arrested for allegedly stealing a goat and a heifer in Kakamega County have been released after the complainant reportedly failed to record a statement with the police.

The suspects, aged 20, 22 and 28, were arrested after the accuser, identified in a police report as Tolibert Imbiakha, sought the help of a witchdoctor to have them arrested and recover the stolen animals.

Kakamega DCIO Daniel Ngetich said the suspects were released after Mr Imbiakha failed to show up at the police station and record a statement.

Police said Mr Imbiakha is from Emusanda village in Butsotso Central location, Eshisiru sub-location, and had identified his stolen animals.

But on Monday, Mr Ngetich said: “We could not continue holding the suspects beyond 24 hours as set out in law. We are still trying to find the complainant and establish what exactly happened.”

When asked about the goat and heifer, Mr Ngetich said: “I need to confirm whether the animals are still at the police station as exhibits and update later.”

He said the police were still trying to establish the whereabouts of the alleged witchdoctor.

The police had earlier indicated that the suspects would appear in court on Monday to face charges of stealing the animals.

But they did not show up.

An official from the Directorate of Public Prosecutions (DPP) told Nation.Africa that the file containing the charge sheet had been forwarded to prosecutors.

“Probably the matter is still under investigation and I cannot comment on it,” said the official.

The new twist in the bizarre incident has triggered speculation about the witchdoctor reported to have been approached by the complainant and who helped him get the suspects arrested.

The suspects carried the goat and calf they had allegedly stolen as a swarm of bees mobbed their hands. They were also “bleating and mooing rhythmically” as reported by the DCI.

On Saturday, the Directorate of Criminal Investigations (DCI) was the butt of jokes online after it celebrated the arrest of the suspects with the assistance of a witchdoctor.

The suspects were reported to be from Joyland in Shirere sub-location.

The DCI praised the witchdoctor's role in the arrest: “If you thought witchdoctors were only used to cause harm in society, you better reconsider your thoughts.”

This happened even as lawyers questioned whether a person arrested through a practice banned in the law can be prosecuted.

In a post uploaded at 1.59am on Saturday, the DCI praised the witchdoctor whose spells saw three theft suspects walk into the home of the man they had allegedly stolen the animals from while carrying them.

Lawyers interviewed by the Nation dismissed the arrests, with one calling it “nonsense”.

Mr Richard Onsongo, a Kisumu-based advocate specialising in criminal law, said a case based on a witchdoctor's arrest cannot see the light of day.

“Such unorthodox ‘methods’ of investigations are not constitutional. Neither are they legal,” said the lawyer.

“Secondly, the ‘mganga’ has no authority, constitutional or statutory, to undertake or be part of an investigation. The law outlaws any form of witchcraft under the Witchcraft Act. Accordingly, the result of the use of witchcraft is as illegal as the witchcraft itself,” he added.

Lawyer Maureen Odeck, the chair of the Law Society of Kenya’s Kakamega chapter, said it would be an interesting case to watch.

The Witchcraft Act indicates that a person who solicits the help of a witchdoctor is guilty of a crime, though the Act appears slanted against those who seek those services to commit harm.

“The Act is silent on if you use it for a good cause,” she said.

“The Act only says that if you do it to cause harm, then that is an offence. It also says that if I go to a witch doctor to unearth or discover a crime by witchcraft, I, the person who went for the service, I’m the person who is guilty of a crime.

“It’s an interesting case and the perspective is also quite new. We would also be interested to know what their defence is.”

Ms Odeck added that it would also be an interesting prosecution because the suspects are reported to have carried the stolen property.

“You may say you’re not the one who stole, but were you not found in possession of a stolen item? So, it will be very interesting to see the kind of defence [they will make]. It’s a tricky situation, because remember the police came after these people returned the stolen animals,” she said.

She added that the police are not the people who went to solicit the help of a witchdoctor; it’s the owner, yet the Act says it is the owner who may have committed a crime.

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