129. He avers that he believes in witchcraft and that before committing the
relevant crimes he went to two traditional healers who confirmed that he had
been bewitched/cursed. He was informed that his former-in-laws had cursed
him and that the curse could lead to his death. When he found out that he
was cursed, he began to live with an irrational fear which affected his mental
state.
130. The Applicant further states that when he committed the offence, he was
experiencing a mental crisis, he felt fear and was panicking at the thought
that his family was acting in complicity with his former in-laws, who are well
known witches, to kill him.
131. In support of his allegation of mental illness, the Applicant swore an affidavit
and also filed expert declarations from two experts, a Medical Doctor and a
Clinical Psychologist and an affidavit by one, Sylvester Francisco, who
explained the culture of belief in witchcraft in the Sukuma community, to
which the Applicant belonged. The experts’ professional declarations
suggest that the symptoms the Applicant experienced were consistent with
his community’s belief in witchcraft and his attempt to take his life after the
incident showed that he was suffering from an acute stress, that is, “a set of
emotive, cognitive and behavioural symptoms that occur following exposure
to traumatic event”.
*
132. The Respondent State did not specifically respond to the issue of mental
illness raised by the Applicant, rather it responded cumulatively and in
general terms. It avers that the “Court of Appeal did not breach Article
13(6)(a) of its Constitution and Article 7(1)(c) of the Charter, the first
Applicant was represented by Counsel both in the High Court and in the
Court of Appeal hence there were no violation of the right of a fair trial and
the Judgment is in accordance to the national laws.”
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