Kenya in Nairobi for administrating an unlawful oath.44 Although the accused
appealed the conviction, the Court of Appeal dismissed the appeal on May 13,
1954. The unfolding of the case showed the particulars associated with colonial
criminalization of oathing and how the law was administered during the Colonial
State of Emergency Period. On April 5, 1954, the Supreme Court of Kenya
convened to hear the case of Nyanze who was charged on two accounts with
administering the Mau Mau oath to Musau Ndibo and Mbubi S/0 Nzibe.45
The Testimony of Ndibo: “I swore...because I was afraid”46
A clear theme in the colonial writings on Mau Mau oathing ceremonies
was that the accused were forced to take the oath out of fear. With this frequently
underlining premise, the court appeared to habitually lean on the truth of the
detailed witness testimonies. For example, on October 27, 1953, Mkamba Masau
Ndibo of the Mbitini location in Machakos District attested that Nyanze forced him
to take the Mau Mau oath with others present. Ndibo reported the following
ceremonial practices and vows to the colonial authorities:
“I took off my clothes. They then tied goats flesh and grass round my wrists. I
was given a dish to hold. I was then told to go through a circular thing 7 times
- it was an arch with ends stuck into ground. I did so. Then I was told to
stand in front of [the] arch and the Accused gave me a piece of meat. I had to
push it over my left shoulder. As I was doing this Masika told me - as I came
across a Europeans property I should take it. If I am called during the night
by that group I should go out. That I should get ammunition. I swore to do
these things because I was afraid. They told me that they were K.M.M.C.
44 Warrant OfExecution of Sentence to Death, KNA MLA 1/791 - CC 36/54 Rex vs. Masika S/0 Nyanze;
He was accused of “administrating an oath relating to the unlawful society commonly known as Mau Mau
contrary to section 6 IB of the Penal Code”.
45 Case Information Sheet, KNA MLA 1/791 - CC 36/54 Rex vs. Masika S/0 Nyanze, p. 1
46Testimony of Masau Ndibo, KNA MLA 1/791 - CC 36/54 Rex vs. Masika S/0 Nyanze p. 1.
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