MEMORY OF THE WORLD REGISTER The Arrest and Mistrial of Jomo Kenyatta and Five Other Nationalists (Kenya) Ref N° 2010-55 PART A – ESSENTIAL INFORMATION 1. SUMMARY The Kenya National Archives and Documentation Service submit proceedings of the original Kapenguria Resident Magistrate’s Criminal Case, Criminal Appeals in Her Majesty’s Supreme Court of Kenya at Kitale and Criminal Case No. 14 of 1959 Regina versus Rawson Mbogua Macharia. Jomo Kenyatta was a key actor in laying the foundation of the Kenyan State. He is perceived as the founding father of the nation because of his role in the nationalist struggle in which he acted as the rallying point of Kenyan nationalists both at home and abroad. During his 15-year stay in Europe, between 1929 and 1946 he helped create greater awareness of Kenya’s problems among some British parliamentarians and also became part of the Pan –African organizations, alongside leading Pan- Africanists such as George Padmore and Paul Robeson. Padmore was instrumental in the establishment of the International African-Service Bureau (IASB) in 1937, which supported the demands of colonial peoples for democratic rights, civil liberties, and self-determination. Jomo Kenyatta became the bureau’s assistant secretary. Others in the organization included T. Ras Makonnen (formerly Griffiths) of British Guyana, Chris Jones of Barbados and Wallace-Johnson of Sierra Leone. Yet in January 1953, this same man stood in the dock – simply as the accused, Kenyatta – for one of the most notorious in all Commonwealth history. At the height of the Mau Mau rebellion and widespread political agitation against colonialism in Kenya 1952, a state of emergency was declared over the colony and soon thereafter, Jomo Kenyatta was arrested. Other freedom fighters were also arrested in the ensuing crackdown and among them were the other five (Fred Kubai, Richard Achieng Oneko, Bildad M. Kaggia, Paul Ngei and Kungu Karumba) who came to be arraigned in court with Kenyatta at the famous Kapenguria. The charges preferred against the Kapenguria six were: • Managing an unlawful society • Being members of an unlawful society namely Mau Mau The Colonial government felt that by arresting and prosecuting what was believed to be the top leadership structure of the Mau Mau, it would stamp out the uprising in order to prevent any political power from slipping from their hands into those of the African nationalists. However, it became evident that more serious armed struggle against the colonialists was waged after the arrest of Jomo Kenyatta and the top hierarchy of the Mau Mau in 1952. 1 During the trial that took five months, the prosecution argued that in their capacity as Kenya African Union (KAU) officials, Jomo Kenyatta and his co-accused had attempted to persuade the outside world that they were pursuing constitutional methods in their desire for self-government and the return of land “allegedly” taken away from the Africans. Yet, at the same time, in secret, they planned, organized and developed the Mau Mau society. The judge ruled that they used their positions and legal status in KAU as a cover-up for the underlying illegal purpose, which in reality was to drive the Europeans from the colony through armed violence and armed struggle. The accused denied the charges with Kenyatta stating categorically thus;- • “I have no room in my heart for violence or the use of force; even in my school I reprimanded any teacher who used it on children. I don’t believe in violence” and • “We look forward to the day when peace shall come to this land and that the truth shall be known that we, as African leaders, have stood for peace” That notwithstanding, Kenyatta was imprisoned for seven years with hard labour in 1952, and in March 1959 while still serving this sentence, was brought to Kitale in connection with the trial of Rawson Macharia, chief witness of the prosecution, who had helped secure hefty prison terms for the accused at the Kapenguria Trial. He was the only witness who claimed to have actually seen Kenyatta administering a “Mau Mau oath”. On 22nd November 1958 however, he swore an affidavit to effect that his evidence was false and that other witnesses for the prosecution had also been bribed. In January 1959, the Attorney General instituted criminal proceedings against Macharia for swearing a false affidavit. The whole subject of justice was thus raised anew. Suspicion of miscarriage of justice had hung over the of Jomo Kenyatta for six years and therefore the unexpected confession of the chief witness of the prosecution further fueled the suspicious circumstances surrounding the Kapenguria Trial. 2. DETAILS OF THE NOMINATOR 2.1 Name Director, Kenya National Archives and Documentation Service 2.2 Relationship to the documentary heritage nominated Custodian 2.3 Contact person(s) Director: Mr. John G. M’reria Deputy Director: Mrs. Agnetta Akhaabi 2.4 Contact details Kenya National Archives and Documentation Service P.O. Box 49210 – 00100 NAIROBI Tel: (254-02) 2228959 Fax: (254-02) 2228020 e-mail: [email protected] [email protected] [email protected] 2 3. IDENTITY AND DESCRIPTION OF THE DOCUMENTARY HERITAGE 3.1 Name and Identification details of the items being nominated This is a unique collection of eight criminal court cases referred to as: Kapenguria Resident Magistrate’s Criminal Case No.1 of 1952; Criminal Appeal court s Nos. 276, 277,278, 279,280 and 281 of 1953 in Her Majesty’s Supreme Court of Kenya at Kitale, Regina versus Jomo Kenyatta and six others; Criminal Case No. 14 of 1959 Regina versus Rawson M. Macharia. 3.2 Description File folders and bound volumes, typed or handwritten constituting all the proceedings of the original Kapenguria Resident Magistrate’s Criminal Case , Criminal Appeals in Her Majesty’s Supreme Court of Kenya at Kitale and Criminal Case No. 14 of 1959 Regina versus Rawson Mbogua Macharia (this is in 9 Volumes). There are twenty-four (24) files all together with verbatim transcripts in seven (7) volumes. The first hearing of the Case took five months, appeals and a petition added another fifteen months; the transcripts of the proceedings runs to nearly a million words as appended here below; RR/9/1 - Magistrate’s Manuscript (all handwritten) VOL. 1. 1952-53 for Criminal Case No. 1 of 1952, Regina Vs. Jomo Kenyatta and five others. Contains lists of prosecution witnesses and exhibits and Magistrate’s notes – 194 pages-(hard-cover bound). RR/9/2 – Magistrate’s Manuscript VOL. 2 (all handwritten) – 291 pages – (hard-cover) RR/9/3 – Magistrate’s Manuscript VOL. 3 (all handwritten) – 266 pages – (hard-cover) RR/9/4 – Magistrate’s Manuscript VOL. 4 (all handwritten) - 199 pages – (hard-cover) RR/9/5 – Verbatim Transcript VOL. 1 (typed) – 338 pages (hard-cover), for Criminal Case No.1 of 1952. Contains charge sheets and statement of offences, which is managing an unlawful society contra section 70 of the Penal Code. Particulars of the offences were that Jomo Kenyatta between the 12th August 1950 and 21st October 1952 in the colony of Kenya, managed an unlawful society commonly known as Mau Mau, which society had been declared by an order of the Governor in Council dated 12th August 1950, published in the official gazette of the Colony and Protectorate of Kenya as Govt. Notice No. 913 of 1950, to be a society dangerous to the good governance of the said colony. The specific charges for the other accused were those of assisting in the management of an unlawful society contra to section 70 of the Penal Code and being a member of an unlawful society contra to section 71 (a) of the Penal Code. The second charge sheet accuses Kenyatta with conspiracy to commit felony contrary to section 62A of the Penal Code, that is, use of physical force, or by threat or intimidation, to compel persons in the colony of Kenya to take an oath purporting to bind the person taking the oath to act or not to act in any way. Other charges on the sheet include; Conspiracy to excite to disaffection against the government of the colony as by law established; conspiracy to raise discontent amongst the inhabitants of the said colony and conspiracy to promote feelings of ill will and hostility between different classes of the population of the colony. RR/9/6 – Verbatim Transcript VOL. 2 (typed) – 280 pages (hard-cover) bearing cross examinations of prosecution witnesses. RR/9/7 – Verbatim Transcript VOL. 3 – 212 typed pages (hard-cover) bearing cross examinations of prosecution witnesses. 3 RR/9/8 – Verbatim Transcript VOL. 4 - 235 typed pages (hard-cover) contains proceedings of defense witness No. 1 Jomo Kenyatta being examined by his lawyers. RR/9/9 – Verbatim Transcript VOL. 5 – 399 typed pages (hard-cover) also contains examination of defense witness Jomo Kenyatta. RR/9/10 – Verbatim Transcript VOL. 6 – 256 typed pages (hard-cover) basically examination of the witnesses and the accused. RR/9/11 – Verbatim Transcript VOL. 7 – 275 typed pages (hard-cover) contents are on examination of witnesses and the accused. RR/9/12 – Verbatim Transcript VOL. 8 – 79 typed pages (hard-cover) contains submissions by the prosecution and the defense attorneys. RR/9/13 – Regina versus Jomo Kenyatta and five others – VOL 1. Pages 1 – 609 RR/9/14 – Regina versus Jomo Kenyatta and five others – VOL II. Pages 610 – 1148 RR/9/15 – Regina versus Jomo Kenyatta and five others – VOL III. Pages 1149 – 2064 RR/9/16 – Regina versus Jomo Kenyatta and five others – 99 Pages both handwritten and typed being the original copy of the judgment at Kapenguria delivered on 8th April 1953.