How British govt fought to clip Argwings-Kodhek's wings

An illustration of Argwings Kodhek. In 1956, he registered the Nairobi District African Congress. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Throughout the period of heightened agitation for freedom, Kodhek faced a barrage of legal action for accusations which included misappropriation of clients money.
  • Argwings-Kodhek’s travel to communist countries also became a major concern to the colonial governor who planned to revoke his passport in order to curtail his movements.

On Tuesday, family and friends gather at the Holy Family Basilica in Nairobi to mark the 50th anniversary since the death of Argwings-Kodhek, a pioneer lawyer and radical politician:

In July 1955, when the colonial government allowed district-based political associations, Argwings-Kodhek’s Kenya African National Congress couldn’t be registered because its name had the words “Kenya” and “National” - which meant there were intentions to make it a colony wide political movement contrary to Emergency (Society) Regulations.

In a show of defiance, Argwings-Kodhek changed the party’s name to Hiroshima Nagasaki African Congress despite knowing it wouldn’t be registered.

Governor Baring, in a telegram dated February 4, 1956, informed the colonial secretary that “president designate (Argwings-Kodhek) accepted government's refusal to register association under the title Hiroshima Nagasaki African Congress and there was no appeal against this decision”.

The party was registered on April 25, 1956 after its name was changed to Nairobi District African Congress (NDAC).

RECRUITMENT

To expand its influence beyond Nairobi, he visited Kikuyu reserves to recruit members contrary to security regulations which prohibited people from Kikuyu, Embu and Meru ethnic groups from participating in politics.

One of his main contacts was Chief Josiah Njonjo, the father of his friend and peer in the legal fraternity Charles Njonjo.

The colonial governor, fearing that the NDAC was likely to grow in popularity, wrote to the chief secretary: “It may well be that during the next couple of months we shall have to give very serious thought to the question of detaining Argwings-Kodhek.”

He went on to order the Special Branch to compile all militant speeches made by the lawyer-cum-politician.

MILITANCY

Some of the speeches included the one he made at Makadara Hall on December 8, 1957, saying Europeans feared independence because Africans wouldn’t allow them on the streets of Nairobi after 10pm without a pass, or enter hotels like New Stanley without permission.

Also of interest was the one he made on February 19, 1958 at Starehe Social Hall.

After stating that the country had been badly governed, he quoted a Kikuyu expression "Miri ya Mikongoe”.

The expression "Irothie na miri ya mikongoe" first came to the notice of the colonial administration when Jomo Kenyatta used it at a KAU rally in August 1952.

When he was questioned about it during his trial at Kapenguria, he stated that it meant among other things "to go to a place where one cannot be recovered from".

But the prosecution alleged that it referred to the fact that Mau Mau should be underground.

LAWSUITS

In the context of Argwings-Kodhek’s speech, the Special Branch concluded that it meant that the NDAC was “potent, indestructible and concealed".

Throughout this period of heightened agitation for freedom, Argwings-Kodhek faced a barrage of legal action for accusations which included misappropriation of clients money and failure to pay taxes and debts — with most of the cases seemingly meant to harass him for the anti-European sentiments.

The first case against him in this regard was brought by Josephine Muthoni Koinange who owned taxis, a bar and rental houses in Nairobi.

She alleged that when she was at Mau Mau Kajiado detention camp in 1953, she instructed Argwings Kodhek to manage her business affairs.

However, on her return to Nairobi in March 1956, Argwings Kodhek gave her only Sh1,000.

She became dissatisfied with the money and decided to institute legal proceedings against him.

DISBARMENT

On November 30, 1956, judgment was passed in Muthoni's favour and Kodhek ordered to pay her Sh13,000 and Sh1,500 costs.

Following this ruling, the advocates committee filed a case demanding that Argwings-Kodhek be struck off the roll of advocates for professional misconduct.

In his appeal, J. O'Brien, who represented Argwings-Kodhek, argued that he was an able criminal lawyer and had conducted a few civil cases but was "completely without business ideas".

But Chief Justice Rudd ruled that it was justified that the lawyer should be struck off, saying “he was not a witness of truth".

The case made headlines in Kenya and abroad. One British newspaper said, "African barrister struck off, only one in Kenya".

In 1958, two cases were filed against Argwings-Kodhek, one by a creditor called Mohamed Hassan who accused him of failing to pay £363, and the other by the commissioner of income tax who accused him of failing to pay taxes amounting to £5,216.

PRISON

After hearing the cases, a Supreme Court judge made two committal orders against Argwings-Kodhek in respect of civil debt for three months imprisonment with the sentences running consecutively.

However, his lawyers made a successful application for the judge to suspend the sentence to allow him raise the money.

Argwings-Kodhek was able to meet the judgment on income tax while the creditor decided to withdraw.

Government officials were so much disappointed that Argwings-Kodhek had escaped prison.

In fact, just after the judge suspended his orders, the Minister for Legal Affairs DW Conroy had written: “I think it is very unlikely that Argwings-Kodhek will be able to raise sums of this magnitude in seven days because he is known to be insolvent.”

But after he raised the money, the acting chief secretary wrote to the permanent secretary Ministry of Defence saying, "apparently he was able to raise a comparatively large sum of money in a matter of seven days.

"I should be grateful if you could advise me as to whether the DIS (Director of Intelligence and Security) knows the source of the money."

COMMUNISM

In response, the DIS wrote: “Apart from a few hundred shillings subscribed by (Tom) Mboya and (Jaramogi Oginga) Odinga, and possibly Sh1,000 subscribed by the Luo Union, Kodhek obtained the rest of the money from J.M. Desai.”

Argwings-Kodhek’s travel to communist countries also became a major concern to the colonial governor who planned to revoke his passport in order to curtail his movements.

The expiry of his passport in 1960 finally gave good grounds for the government not to renew it.

Apparently, he had already known the plan, and in his application for renewal, he stated that he wanted to travel to the UK to reconcile with his Irish wife and child who had left him.

After the matter was discussed in detail at the meeting of security advisory council chaired by the governor on September 27, 1960, it was decided that the passport should only be renewed valid for a journey to the UK and that he should be warned that if he went behind the “Iron Curtain” it would be withdrawn.

DEATH

In May 1968, just months before his death, he was readmitted to the bar at the Attorney-General's chambers.

Welcoming him was Charles Njonjo who said he was delighted to have back his old friend and his colleague after 12 years of suspension.

Kodhek died in January 1969 in a road accident and was buried in Gem with full honours befitting a freedom fighter.

Soldiers from the Kenya Army fired volleys and a bugler from the Kenya Army Band sounded the last post.

The writer is a journalist and researcher based in London. [email protected]