being prevented from marrying Mbwika’s daughter. 74 Again, petitions or
documents to the native courts about the land matters or a statement from his
daughter could have helped provide credence to these accounts.
The second accused, Nathan Kiswii, also claimed to have a bad pre-
existing relationship with the witnesses that were the root of the false
testimonies. According to Kiswii, Ndivo was rejected as a suitor for his younger
sister because of an insufficient dowry.75 According to the other witness, the
issue between Kiswii and Nzibe was the result of Nzibe being accused of stealing
cattle. In addition, Kiswii claimed that the ceremony did not take place in his
house because his wife had a baby the same day. Again, all of these accounts
and accusations could have been strengthened with witness accounts.
Finally, the accused Nguma Muindi stated that he did not know Ndivo and
never met him prior to the court trial. For the other witness account, he stated
he had a bad relationship with Nzibe because, “he failed to pay the dowry for his
sister to whom his brother was married.”76 There are clear inconsistencies
amongst these accounts. Ideally the court system would decide who provided the
most compelling argument and why. Otherwise, the charges would be dropped if
reasonable doubt prevailed.
74 Official Judgment Document from C. A. Cooper, H.M Supreme Court of Kenya on October 14tlη, 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. P. 5.
75 Official Judgment Document from C. A. Cooper, H.M Supreme Court of Kenya on October 14th, 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. P. 6.
76 Official Judgment Document from C. A. Cooper, H.M Supreme Court of Kenya on October 14th, 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. P. 6.
136
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