court documents written in English by colonial Officials. Records did not mention
that translations were verified.
The statement of Nguku clearly makes him appear as a victim of Mau
Mau. Unfortunately, it is difficult to discern if he was forced to take his position
against the accused. On paper, he did not come across bitter, angry, or resentful
for the forced Mau Mau oathing, beating, and for spending two months in
detention digging land. It is not clear why his cousin did not walk him to the
police station to report the matter. Why did Muteti and Nguku not discuss the
incident that occurred in the time they spent together? It would seem natural for
the incident to warrant some sort of discussion.
The Testimonies of the Accused - Mutisya, Mwo and Kandu
Finally, the accused were called one by one to provide their accounts. It is
questionable whether or not their statements really mattered. Was the decision
already made based on what seemed to be a long orchestrated performance?
Nevertheless, the accused were all given an opportunity to make a sworn
statement. The first accused called and sworn for his accounts was Mutisya:
“Around the days in question I was in my house. I did not go anywhere. I
was mourning for my wife’s death. The child was giving trouble for losing her
mother. That thing called “oath” I do not know it. After my wife’s death I was
arrested. I have nothing to say.”91
It is unclear why witnesses were not available that could attest to the death of his
wife and his mourning to show that he was not in the state of mind to even
91 Testimony of Aron Waau Mutisya. Case file 127 notes, KNA MLA 1/1007-CC 127/1954. Rex vs. Harun
Waau Mutisya, Philip Nthekani Mwo, and Sounsza Kandu. P 16.
144