and meaning open to the imaginations of outsiders who are often trapped in their
own worldview. All of these factors have made serious and sustained scholarship
on the topic difficult. The irony is that although oathing is not discussed openly, it
remains highly revered and engrained in Kenyan society. For those that believe
in the principles of the oath, it is viewed by informants like K. Musinga as having
the ability to reconstitute justice because it knows truth.5 The oath represents a
source of African subaltern power, something that purposely stays secretive,
vague, obscure, and feared.
One of the best ways to understand the relevance and continuity of the
topic is to consider how oathing is still being applied and reconstructed to
accommodate modern issues in Kenya. During a breakfast conversation in
Nairobi in February 2009, the subject of oathing capriciously found its way into a
discussion.6 The oath story was told by an elderly sixty-year old Akamba man,
Mr. Kioko Musinga. Although he did not join Mau Mau, he was old enough to
remember it and what it meant to Kenyan people. However, this particular
conversation was on oathing, showing how it resurfaces to respond to modern
problems. Mr. Kioko Musinga explained his ordeal with his neighbor, Mr. Mutsya.
The two had been engaged in a long standing dispute that was heard on several
occasions by the local courts in Kibwezi. The problem started when Mr. Kioko
Musinga sold land to Mr. Mutsya. Over time, his neighbor requested more and
more land which Mr. Kioko Musinga refused. At some point during the back and
forth conflict, Mr. Kioko Musinga stated that Mr. Mutsya falsely accused him of
5 Personal Communication, K. Musinga, February 2009, Nairobi, Kenya.
6 Personal Communication, K. Musinga, February 2009, Nairobi, Kenya.