| dc.description.abstract | Although it can be argued that much of the indigenous cultural beliefs and practices have given way to modernity and scientific ways of explaining phenomena, some members in some African communities are slow to embrace modernity and let go some of these beliefs. The Abagusii community of south-western Kenya is one of such communities. This is particularly the case as regards their belief in witchcraft. Some members in this community are so besieged by this belief that they resort to taking the law into their hands and meting out punishments to those suspected of
practicing witchcraft. The worst of these punishments is that of the burning and lynching of suspected witches, as often evidenced by both electronic and print media reports. Though both men and women are believed to practise witchcraft, reports appearing in the media indicate a skewed meting out of punishment against women suspects. This study thus set out to investigate the phenomenon of witch-punishment with the view to try and establish whether or not this witch-punishment is gender discriminatory against women. The study employs the utilitarian theory of punishment – the view that actions are justified on the basis of their utility. Based on this, witch-punishment among the Abagusii seems to be premised on the fact that witchcraft is an evil that negates the general welfare of society. Witch-punishment would, thus, perform the deterrence
function of punishment. The problem is, however, why this punishment is gender discriminatory against women. Discrimination of whatever kind is unethical, whatever its justification, hence, an issue of philosophical investigation. The study proceeds from the assumption that witch-punishment among the Abagusii is gender discriminatory against women. To affirm or annul this assumption, Secondary data was collected from various sources. This data was supplemented by primary data that used a questionnaire, administered to a selected sample of respondents drawn from the population of the Abagusii community. Analysis of the data revealed that punishing of witches among the Abagusii is, indeed, gender discriminatory against women. The assumption of the study was thus, affirmed. But more importantly, the analysis revealed that this kind of discrimination, heinous as it is, is still exists in a country whose constitution and the laws criminalize all forms of discrimination, leave alone gender. The study shows that this is due to lack of will-power among those public agencies, such as the police, the national government through the chiefs to the county commissioners and the judiciary, who are supposed to implement the country’s laws. By way of conclusion, the study recommends, among other things, that these agencies that are charged with the implementation of the already existing laws as enshrined in the constitution concerning discrimination, be called upon to account for their failure to curb this gender based witch-punishment. They should be asked to explain why these marauding murderers are allowed to walk scotch free and not facing the full
force of the law. They should be held to account for failure to take their responsibilities seriously so as to eliminate cases of spontaneous witch-punishment among the Abagusii. Meanwhile, the county and national authorities must now fold their sleeves, quickly and embark on a serious cultural revolution to eliminate this gender based witch-punishment in particular and the belief in witchcraft in general among the Abagusii | en_US |
