The name is absent

Chapter 1 Introduction

“There is no easy walk to freedom anywhere, and many of us will have to
pass through the valley of the shadow of death again and again before we
reach the mountaintop of our desires. ”¹

Nelson Mandela

Introduction

Oathing remains a cultural, social, political, and religious phenomenon in
Kenya. In many societies, oathing is a civic act with legal implications. To oath
appears simple, temporal, static, and basic in its structure and objectives.
However, in Kenya oathing is actually a convoluted, dynamic, and responsive
system that straddles between the past and present. Oathing is sophisticated. It
invokes traditions; it addresses modern needs; and most importantly it conforms
to the reality of the particular historical moment, place, time, circumstance, and
condition.

Written records document that long before colonialism in Kenya oathing
was woven into the fabric of the laws and used to resolve major judiciary
matters.² Oaths during this time were administered by elders and were given in
order to reveal guilt or innocence of parties involved in questionable legal
disputes. Colonialism in Kenya created a different society with new issues and
problems. During the 1950s in Kenya, oathing was radicalized. It was the
cornerstone for Mau Mau membership, unity, and allegiance in the fight for

¹ Clayton Moore, Nelson Mandela Quote, “In His Own Words,”
http://contemporarylit.about.com/od/memoir/fr/inHisOwnWords 2.htm.

² Charles Dundas, “History of Kitui,” Journal of the Royal Anthropological Institute of Great Britain and
Ireland 43 (July-December 1913): 510-514.

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