Abstract

This article examines the legal and socio-political dimensions of superstition-related offences in Kenya and Seychelles, highlighting how cultural beliefs intersect with crime, law, and state power. Rather than viewing witchcraft and superstition as mere cultural relics, this analysis underscores their entanglement with modern political agendas and governance challenges. Legal responses to superstition, including anti-witchcraft laws, may paradoxically reinforce societal fears and legitimise witch hunts, fostering cycles of persecution. Drawing on Foucault’s theories of power and knowledge, this article argues for a nuanced legal approach that differentiates between harmful acts and legitimate expressions of belief. A balanced framework must protect citizens from harmful practices while upholding fundamental freedoms, aligning with international human rights standards. This article is divided into four parts: first, a conceptual map of superstition, religion, and witchcraft; second, Foucault’s power/knowledge as an analytical framework; third, the statutory and case-law frameworks in Kenya and Seychelles; and finally, a comparative synthesis and implications for reform.