British colonialists bent laws to deny activists justice

By Amos Kareithi

In a court presided over by the greedy hyena, the goat should expect no justice, so goes the saying.

That was the case when the colonial administration took Mau Mau activists and suspected sympathisers to court, in its bid to wipe out the freedom movement.

Government agents, who controlled legitimate means of violence, were also quick to bend the law to suit their goal of breaking the resistance, as revealed by British colonial secret files.

As early as 1952, the Penal Code was changed to provide for death sentence for any suspects connected with administration of oath.

A headman (left) and member of the Kikuyu Guard after a patrol that killed two’ terrorists’ in July 1954. Photos: File/Standard

To punish the detained communities further, they were denied a chance to grow crops or keep livestock, while food rations were controlled and the villagers subjected to forced labour.

The Judiciary also changed the rules to allow the changing of a charge sheet during any stage in trial and to save the Government any embarrassment of losing a case as a result of defective charges.

W S O Davies, who was the registrar of Supreme Court of Kenya, instructed magistrates to impose corporal punishment on any male aged between 16 to 45.