various settings, it remains narrowly treated by these scholars. However, oathing
is an object with its own history and development, as we will see in the analysis
of oathing in pre-colonial Kenya.
Oathing Rites in Pre-Colonial Kenya
Similar to other societies, ancient oathing in East Africa was woven into
the fabric of life. Prior to colonial rule in Kenya, oathing was integrated into
society through various ceremonies. Oathing practices were used by elders
primarily to complement existing judicial systems and many of these practices
continue today in Kenyan societies. In a 2009 survey, over 95% of Kenyan
respondents affirmed that traditional ceremonies were a necessary and vital
aspect of African life.16
Different oathing types were found throughout Kenya and used for social
order and truth. One such oath was consistent and took on a variety of names
like, kithitu, kithito, and kipitu. The reference of this oath as the kithitu is the more
modern representation of the term, but in understanding how it was used in the
pre-colonial setting these name differences will emerge. For example, Charles
Dundas in 1913 outlined in detail the application of oathing rituals as a means to
resolve legal disputes.17 In his study, he found that elders regularly used the
oathing ceremonies like the kithito to determine the innocence or guilt of
16 See Appendix, Table 2.0, Survey Analysis Results, Question associated with, “I use traditional rituals
daily, weekly and or periodically in my life.”
17 Charles Dundas, “History of Kitui, ” Journal of the Royal Anthropological Institute of Great Britain and
Ireland 43, (July-December 1913): 510-514.
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