The name is absent

The Testimony of the Accused: Nyanze

After hearing the detailed statements of so many others, the accused was
finally able to offer his version. He did not have any witnesses to support his
claims or even to offer insight into his character. In his testimony he mentioned
that he managed his own farm and gardens. In his next statement he boldly
stated, “I know nothing about administering any oath. I did not administer any
oath. I am not connected with Mau Mau and I have not taken the oath.”⁶⁵
Finally, he stated he did not know the witnesses. Aside from the few cross
examination statements focused on the witnesses and Nyanze’s familiarity with
the witnesses, we hear nothing more from the accused. It seems the accused
would have gone through the necessary actions to create a defense because he
would have understood the severity of the punishment - execution. However, the
fact is that he did not offer a defense, and we can only speculate why.⁶⁶ The
testimony of the accused appeared effortless. Underthe colonial judicial system,
the administration Ofjustice was not in favor of the accused, which was the case
for many criminal court trials during this period.

The Oathing Case of Ruben Mbwika, Nathan Kiswii, and Nguma Muindi⁶⁷

The conviction of an accused in one case often served as a launching
point for more legal investigations. This case provides another example of the

⁶⁵ Testimony of Masika S/0 Nyanze, KNA MLA 1/791 - CC 36/54 Rex vs. Masika S/О Nyanze p. 4.

⁶⁶ We are left with only unanswered questions. For example, was he an individual ignorant of the Supreme
Court proceedings and perhaps even the seriousness of the crime? Or did he simply submit to the fate that
he had already foreseen?

⁶⁷ Case #103 Regina versus Ruben Mbwika, Nathan Kiswii, and Nguma Muindi located , KNA MLA
1/986-CC 103/1954

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