The name is absent

criminalization of oathing during the Mau Mau period and shows the intricate
relationships between cases. In some cases the witness testimonies had
repercussions for oathing participants allegedly involved in the oathing
ceremonies. This proved to be the fact for this case.

This case, connected to the previous case, is based on the alleged
unlawful oathing of Musau Ndivo and Nbuni Nzibe on October 27, 1953 by
Ruben Mbwika, Nathan Kiswii, and Nguma Muindi in the administration of the
Mau Mau oath.⁶⁸ On August 3, 1954, Mbwika, Kiswii, and Muindi were convicted
for “consenting to the administration of an oath contrary to Section 61B of the
Penal Code.” ⁶⁹ Appeals were sent to the Court of Appeal for Eastern Africa but
dismissed on October 6, 1954. In the end, the three accused were executed on
October 25, 1954 in Nairobi, Kenya.

Before analyzing the implications of these same witness accounts being
used to hang additional participants, there are other judicial practices that are
worth exploring. According to the case files, the Crown was responsible for
proving the following regarding the accused: “(1) They were present during the
administration of the oath; (2) They agreed to administer the oath; and (3) They
participated in the oath related to the unlawful society known as the Mau Mau.”⁷⁰
It is also important to mention that point three was changed so that the defense
bore the burden to prove that the oath was not Mau Mau. Therefore, from the
⁶⁸ Case file notes, KNA MLA 1/986-CC 103/1954. Case #103 Rex vs. Ruben Mbwika, Nathan Kiswii, and
Nguma Muindi.

⁶⁹ Official Judgment Document from H.M Supreme Court of Kenya on October 14^th, 1954 on Emergency
Trial No. 103 of 1954. KNA MLA 1/986-CC 103/1954. Case #103 Rex vs. Ruben Mbwika, Nathan
Kiswii, and Nguma Muindi.

⁷⁰ Official Judgment Document from C. A. Cooper, H.M Supreme Court of Kenya on October 14^th, 1954
on Emergency Trial No. 103 of 1954. KNA MLA 1/986-CC 103/1954. Case #103 Rex vs. Ruben Mbwika,
Nathan Kiswii, and Nguma Muindi.

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