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|Title: ||Indifferent justice? A history of the judges of Kenya and Tanganyika, 1897-1963|
|Authors: ||Swanepoel, Paul Arthur Albertus|
|Supervisor(s): ||Nugent, Paul|
|Issue Date: ||26-Nov-2010|
|Publisher: ||The University of Edinburgh|
|Abstract: ||This thesis examines the history of the judges of Kenya and Tanganyika between
1897, when the first British court was established in Mombasa, and 1963, when
Kenya gained independence. The formation of judicial identities and the judiciary’s
role within the colonial state are the main themes.
The recruitment process into the Colonial Legal Service is discussed. Legal
recruitment was both unique and problematic, mainly because there was a shortage
of vacancies for newly-qualified barristers. Many were forced to seek employment
elsewhere, but for those fortunate enough to secure positions within the barristers’
profession the financial rewards were substantial. This led to fears that second-rate
barristers who were unable to make a living in Britain applied to serve in the colonies
as legal officers. As a consequence, the length of applicants’ professional experience
became an important factor for recruitment officials.
Aspects of judges’ backgrounds are systematically analysed in order to
produce a profile of the type of judge who served in the two territories during the
colonial period. Judges were among the most mobile of colonial officers and typically
served in four or more territories during their colonial careers. These factors shaped
their collective identity. At the same time, they partly determined their attitudes
towards the various laws they were called on to administer.
In setting out the structure of the courts and the laws that were in force, a
number of cases are discussed in order to demonstrate judicial attitudes over time.
Two chapters focus on Tanganyika during the interwar period, illustrating divides
between the administration and the judiciary regarding the administration of justice.
Based on memoirs and personal papers, the professional lives of two judges are traced
in order to gauge their views on the political events that surrounded them.
The final two chapters focus on Kenya in the 1950s. The testimony of
advocates is used as a means of inquiring into the characters and attitudes of the
judges they appeared before. It provides an impression of the legal profession in late
colonial Kenya, as both advocates and judges alike defined their professionalism with
reference to the legal profession in Britain. The focus then shifts to judicial decisions
made during the Mau Mau rebellion between 1952 and 1959, with particular
emphasis being placed on the attitudes and professionalism of the judges of the Court
of Appeal for Eastern Africa.
The thesis offers a new interpretation of the judiciary’s place within the
colonial state; by arguing that as a result of remaining part of the barristers’
profession in Britain, it suggests that colonial judges found it more difficult to adapt to
the realities of functioning within the colonial state than members of other branches
of the Colonial Service. This discord contributed to the emergence of a distinct
judicial identity in the colonies.|
|Keywords: ||East Africa|
|Appears in Collections:||Centre of African Studies thesis and dissertation collection|
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