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Arrest, trial and detention

Arrest, trial and detention

A state of heightened political tension was looming and its climax was reached with the killing of Chief Waruhiu on 7th October 1952. On 20th October 1952, Sir Evelyn Baring, the colonial Governor, signed a State of Emergency proclamation. It was followed by Operation Jock Scott in which Kenyatta and other African leaders were arrested. But instead of the State of Emergency killing the ‘Hydra’ of which the government spoke, it gave new life as the Central Committee of KAU issued orders for the Guerrilla forces in the forest to take independent action. This was followed by a series of murders.

In the morning of his arrest, Kenyatta found himself at a small screening station to the north of Nairobi. He was all alone and closely guarded. On 18th November, Kenyatta and his colleagues Kaggia, Kubai, Ngei, Itote and Oneko, famously known as ‘The Kapenguria Six’who were all executive members of KAU, were brought to Kapenguria for their trial. Here, Kenyatta was accused of organizing Mau Mau through his leadership of KAU. He was said to have stimulated, led the oathing campaign and had actually been present at an oathing ceremony and to have preached the gospel of the Mau Mau vigilance to his followers at a public rally. But the evidence was thin. Kenyatta denied all charges. 

Two incidents, both on the night of 26th March 1953 shocked all races in the Colony. The first was a daring raid on Naivasha police station where guns and ammunition were stolen, and the other was the Lari massacre. These coincided with the closing stages of Kenyatta’s trial. Judge Ransley Samuel Thacker’s mind had been made up from the start and, with the help of the Jury, on 8th April 1953; he found Kenyatta and the others all guilty. With this decision, the settlers were happy for they had got rid of their man - or so they thought. 

Following his trial in Kapenguria, he began to serve his sentence at Lokitaung, in the hot and arid Turkana region of North West Kenya. To him at Lokitaung, discomfort of both body and intellect was absolute and isolation was total. As time went by, Kenyatta was allowed to read selected books such the Bible and the Koran. He was also allowed access to some newspapers, usually a month or two old, and enjoyed an occasional visit from the outside world.

 

On completion of his prison sentence, which was officially deemed to have occurred on 15th April 1959, Mzee Jomo Kenyatta was transferred to compulsory confinement at Lodwar. Previously, in 1954, Sir Evelyn Baring had announced that after his sentence, Kenyatta would be sent to live indefinitely in some remote area of the Northern Province, Lodwar clearly fits this description. Here, bungalows had been specially built for the men from Lokitaung. Furthermore at Lodwar, the wives could join the detainees. Kenyatta was to spend two further years here. 

Throughout all these Lokitaung and Lodwar days, the base of political struggle and aspiration remained firmly embedded in Kikuyuland: in the forest, in the camps and in the villages.  By this time, the movement towards independence by African states was gaining momentum: Gold Coast at independence transformed into Ghana with Nkrumah as its Prime minister. By now Kenya’s new Governor was Sir Patrick Renison.

Meanwhile on returning from the 1960 Lancaster House Conference, the African representatives divided into two main political parties. One was the Kenya Africa National Union (KANU), an outgrowth from KAU whose loyalty it inherited. It was composed of two major tribes, Kikuyu and Luo. A few weeks later, Kenya African Democratic Union (KADU) was formed and its function was to represent the rights of the smaller tribes.  On 14th May, 1960, KANU nominated Kenyatta in absentia as their President. The acting President, James Gichuru told reporters that he was “keeping the seat warm for Jomo’s return.”   Even with such progress and determination, the Colonial government refused to release Kenyatta  

To African eyes, Kenyatta’s release and independence went together. KANU’s slogan now changed from ‘Uhuru and Dust of Lodwar’ to ‘Uhuru Na Kenyatta’. KANU further declared that they would not take part in any government until Kenyatta was freed. In February 1961, elections were held in Kenya which KANU overwhelmingly won and, despite strong pressure, they refused to form a government, so Sir Patrick was driven to offer ministries to the minority party, KADU. On April 4th 1961, a press release was issued by the government stating that Kenyatta had been moved from Lodwar to Maralal with his family, where he would continue to be under restriction. Still during this time, pressure was increasing, both locally and in Africa at large, for Renison to release Kenyatta. Visits by KANU, KADU and the Kenya Indian Congress to Kenyatta added weight to the argument that Kenyatta should be released unconditionally. They also made a point that to Kenyatta, independence meant a change of authority and those prepared to continue serving faithfully under him would be welcomed to stay.  

The State of Emergency ended officially in Jan 1960 although after the capture of Dedan Kimathi, earlier, the fighting had virtually come to an end. Kenyatta’s period in prison gave him time again to reflect; away from the turmoil of politics he could read, rest on his oars and think. Kenyatta was even quoted in a press conference just before his release, when he said half-jokingly, “We have been in a university. We learnt more about politics there than we learnt outside.”   

 

It was not until 14th August 1961, that Kenyatta was allowed to return home; Seven days after his arrival, he was freed from all forms of restriction. On 28th October 1961, he accepted the Presidency of KANU. In his meetings, he emphasized the themes of tolerance, unity and effort. On 23rd November 1962, the Constitution was amended, allowing all people the chance of pursuing their political aims by legitimate political means. Previously, it had disqualified any person who had undergone a sentence of two years or more imprisonment from standing as a candidate for election in Kenya.