Cooper’s Judgment: “They [the witnesses] Have Been Speaking the Truth”77
The courtroom judge was ultimately in control. The degree to which the
judge could track all of the intricate details of the cases, comprehend the cultural
dimensions, manage the language differences, remain unbiased to the political
frustrations and fury, and provide justice was questionable. The heart of this and
all judicial matters is uncovering the truth. It is understandable that truth can take
on varied meanings based on different perspectives, and this problem is
compounded even more when cultural differences are added into the equation.
This must be kept in mind as we consider Judge Cooper’s assessment of the
witnesses’ statements as truth. Was he influenced by negative perceptions and
fear of Mau Mau or colonial fears of losing Kenya as a colony? Judge Cooper’s
was based on the “circumstantial accounts of what took place at the oath taking
ceremony.”78 Thus, because the witnesses were able to provide details about an
oathing ceremony, their account was viewed as the “truth” from the perspective
of the Judge. This belief was strengthened by the “very clear and unhesitating
manner in which the three Assessors who are themselves members of the same
tribe as the three accused, returned their unanimous opinion of guilty.”79
Both of these cases reveal that during the 1950s in the colonial court
system, truth was a powerful word that was at the discretion of the court, and the
77 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.
78 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.
79 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. 6-7.
138
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