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African power associated with the unknown and difficult to explain power of
oathing.

In the cases presented in this chapter, one is left questioning the issue of
fairness in the courts during this politically charged Mau Mau period. Perhaps a
larger question is in order. Was colonialism fair? The cases analyzed all point to
the conflicted notions Ofjustice surrounding oath criminalization, but this question
of justice must be answered in light of the hysteria of the Mau Mau revolution and
the colonial threat to their colonial paradise.

Despite the best efforts to be impartial, the fear and fighting unfolding on the
streets had to play a role in the colonial notions of justice. In many ways the
implementation of justice in the court was circumstantial, with the accused
usually coming out on the losing side of the battle. The court dramas and
policing of oathing activities also transformed the practice of Mau Mau oathing.
The already obscure and guarded oathing practices become even more secretive
and mysterious. The criminalization of the Mau Mau oath has had a long lasting
impact on the views. Oathing, once only associated with honor, is now mostly
remembered as a practice attached to crime, savagery, and terrorism.

150



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