Abstract

Opening ParagraphFrom the earliest years of colonial government in Kenya, cattle raiding by Africans against their neighbours, and in particular livestock thefts from European farmers, presented the administration with their most persistent policing problem in the rural areas of the colony. As the period of colonial rule in Kenya was drawing to a close, reported cases of stock theft were once again showing a sharp increase, climbing from 1578 cases in 1955 to 4243 in 1962 (Kenya Police Dept, 1955 and 1962). In a pattern by then familiar to the Kenya administration, this prompted the renewal of demands from the European settler community for more extensive and concerted government action to deal with the activities of the thieves. Settler opinion held that the continuing prevalence of stock theft had much to do with the ‘social prestige’ attached to the crime in many African communities. The unwillingness of the African public to assist in the prevention and detection of stock theft had long been interpreted as a tacit sanctioning of such theft, leading to the conclusion that, within the ‘moral economy’ of many African communities, stock theft was not thought of as a crime at all. ‘After all,’ commented the Provincial Commissioner of the Rift Valley Province in 1959, ‘stock theft is the traditional sport of the young men of many tribes, and the elders cannot be expected to act as kill-joys and stamp it out unless they themselves are liable to suffer.’ This view was applied most readily to the pastoralists of the Rift Valley and western Kenya, the Maasai and Kalenjin, who were commonly involved in crimes of this sort. The belief that stock theft was an acceptable form of accumulation within Kalenjin and Maasai society determined the nature of the legislation put forward by the colonial administration to deal with the crime. Policing and punishment were accordingly based upon the notion of collective responsibility for acts of stock theft, with wide powers to extend collective punishments to families, villages and even entire locations found to be implicated in thefts.

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