Oathing, Law and Order in Colonial Gusiiland
DOI:
https://doi.org/10.18533/journal.v6i5.1182Keywords:
Gusii, Law, Oath-taking, Order.Abstract
Though looked upon as informal and backward, oath-taking practices were employed in the administration of law and order among the Gusii people of Kenya during the colonial period. This chapter examines the role of oath-taking in the maintenance of law and order in colonial Gusiiland. More specifically, the chapter examines (1) the various types of oaths among the Gusii people; (2) the contribution of these various forms of oaths to the maintenance of law and order; (3) the relationship between oaths and gender among the Gusii people and (4) the impact of colonial administration on Gusii oath-taking ceremonies. Data which informed this chapter was obtained from archival sources as well as secondary literature.
References
Secondary sources
Akeredolu, D. 2016. Indigenous African criminal justice system for the modern world, Durham: Carolina Academic Press
Brett, L. (1968): Changing traditions to meet current altering conditions': Customary law, African courts and the rejection of codification in Kenya, 1930-60, Cambridge University Press, United Kingdom.
Brock-Utne, B. 2001. “Indigenous Conflict Resolution in Africa”. A draft presented to week-end seminar on Indigenous Solutions to Conflicts held at the University of Oslo, Institute of Educational Research, 23 –24 of February 2001.
Choudree, R. B. G. 1999. “Traditions of Conflict Resolution in South Africa”. African Journal on Conflict Resolution. (1). http://www.accord.org.sa/publications/;/choudree.htm. Accessed 20th May 2017.
E. Hunter, E. 2011. ‘Access to justice: to dream the impossible dream? ‘The Comparative and International Law Journal of Southern Africa, 44(3): 408-427.
Foran, Robert W. 1962. The Kenya police. London: Robert Hale
Forsyth, M. 2007. ‘A Typology of Relationships between State and Non-State Justice Systems,’ Journal Legal Pluralism & Unofficial Law
Freddie, K. and Koketso, M. 2013. ‘Law and traditional justice system in South Africa: A hybrid of historical and constitutional discourse’, Journal of Global Peace and Conflict, 1(1): 49-65.
Fred-Mensah, B. 2005. “Nugormesese: An indigenous basis of social capital in a West African Community”. 1K Notes, No. 86, November. World Bank. Accessed at http://www.worldbank.org/afr/ik/default.htm. Accessed 19th May 2017.
Kariuki, F. 2015. ‘Empowering the Kenyan people through alternative dispute resolution mechanisms’, unpublished paper.
Killingray, D. 1986. ‘The maintenance of law and order in British colonial Africa’, African Affairs, 85(340):411-437.
LeVine, Robert A and LeVine, Barbara B. 1966. Nyansiongo: A Gusii community in Kenya. New York: Wiley.
Macfarlane, J. 2007. ‘Working towards restorative justice in Ethiopia: Integrating traditional conflict resolution systems with formal legal system,’ Cardozo Journal of Conflict Resolution, 8:487-509.
Maraga, D. K. 2016. Speech by Hon. Mr. Justice David Maraga, the Chief Justice of the Republic of Kenya, at the tribute proceedings in celebrating the 105 years of the legal fraternity in Kenya and the distinguished judicial careers of honourable Justice (RTD) John Mwera and honourable Justice Anyara Emukule on the 5th of December, 2016.
Maxon, Robert M. 1989. Conflict and Accommodation in Western Kenya: the Gusii and the British. Rutherford: Failegh Dickson University Press
Mayer, I. 1965. “From kinship to common descent: Four generation genealogies among the Gusii”, Africa, Vol.35.
Mbiti, J. 1991. Introduction to African Religion. Oxford: Heinemann.
Meek, C.K. 1971. The Northern tribes of Nigeria. Frank Cass, London.
Milhizer, E.R. 2009. “So help me Allah: An historical and prudential analysis of oaths as applied to the current controversy of the Bible and Quran in oath practices in America”, Ohio State Law Journal, Vol. 70:1, pp. 1-71.
Muigua, K., 2012. Resolving conflicts through mediation in Kenya, Nairobi: Glenwood Publishers Ltd.
Munge, B.N.; Ndeda, M. and Okuro, S.O. 2016. ‘Emergence and growth of Kisii Town’, Imperial Journal of Interdisciplinary Research (IJIR) 2(5):730-743
Murithi, T. 2006. “Practical Peace Making Wisdom from Africa: Reflections on Ubuntu.” The Journal of Pan African Studies, 1(4): 25–34.
North, D.C. 1991. ‘Institutions’. Journal of Economic Perspectives, 5(1): 97–112.
Ochieng,’ W.R. 1974. A Pre-colonial history of the Gusii of Western Kenya; C.A.D 1500 to 1914.East African Literature Bureau, Nairobi. Ochieng’, W.R. (1991): Themes in Kenya history (Ed.) Ohio University Press.
Onadeko, T. 2008. Yoruba traditional adjudicatory systems, African Study Monographs, 29(1): 15-28, March 2008
Onsongo, D. 2016. Traditional dispute resolution is justice, Daily Nation Newspaper, (accessed online at http://www.nation.co.ke/oped/Opinion/Traditional-dispute-resolution-is-justice/440808- 3407644-msh95uz/).
Shaddle, B. 2006. “From ‘traditional’ to ‘modern’: African Court Elders in Nyanza Province, Kenya, c. 1930–1960.” In Intermediaries, Interpreters, and Clerks, edited by Benjamin Lawrance, Emily Osborn, and Richard Roberts. Madison: University of Wisconsin Press.
Silberschmidt, M. 1999. Women forget that men are the masters”: Gender Antagonism and socio-economic change in Kisii District, Kenya. Elanders Gotab: Stockholm.
Tobiko, K. 2013. ‘The relationship between formal rule of law and local traditional justice mechanism’, A paper presented at the 18th IAP Annual Conference and General Meeting, Moscow, Russia, 8th-12th September 2013.
Archival sources
Kenya National Archives, DP/1/13
Kenya National Archives, DP/18/13 administration, Minutes of law panel meetings 1938-61
Kenya National Archives, DC/KSI/1/2 South Kavirondo Administration annual report 1913-23
Oral interviews
Ezekiel Ochari (92 years) of Gucha South, Eyamarambe, etago, interviewed on 28th December 2014 at noon.
Mzee Omoke (90 Years Old) Of Magenche Division, Kenyenya Sub-County, Interviewed On 27th December 2014 at 3.00 Pm.
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