Citation
Evaluating interethnic conflict in the press

Material Information

Title:
Evaluating interethnic conflict in the press
Creator:
McGarry, Richard G., 1953- ( Dissertant )
Der-Houssikian, Haig ( Thesis advisor )
Chu, Chauncey C. ( Reviewer )
Scholes, Robert J. ( Reviewer )
Tyler, Andrea ( Reviewer )
Williams, Donald E. ( Reviewer )
Yai, Qlabiyi ( Reviewer )
Place of Publication:
Gainesville, Fla.
Publisher:
University of Florida
Publication Date:
Copyright Date:
1990
Language:
English
Physical Description:
xi, 328 leaves ; 28 cm

Subjects

Subjects / Keywords:
Appellate courts ( jstor )
Clans ( jstor )
Discourse ( jstor )
Ethnic groups ( jstor )
Ethnicity ( jstor )
Language ( jstor )
Linguistics ( jstor )
Modeling ( jstor )
News media ( jstor )
Newspapers ( jstor )
Discourse analysis, Narrative
Dissertations, Academic -- Linguistics -- UF
Mass media
City of Gainesville ( local )
Genre:
bibliography ( marcgt )
non-fiction ( marcgt )

Notes

Abstract:
A tripartite model for analyzing interethnic conflict in the press is presented and discussed. This consolidated model interrelates pragmatic/contextual elements with cognitive and morpho-syntactic variables in order to establish subtle bias in what is commonly considered "objective" news reporting. A series of articles, covering the "Otieno case," from two Kenyan newspapers, the Swahili- language daily/weekly, Taifa Leo/Weekly, and the English- language newspaper, Daily Nation, serve as the primary data base for the study. Elicited respondent data confirm the model's basis in reality. Such contextual features as the nature of ethnicity in Kenya, the character of interethnic conflict between the Kikuyu and Luo ethnicities, and the role of the press in Kenya are presented vis-a-vis the Otieno case. A reader's perception of a news story in terms of cognitive framing, i.e. networks of foregrounded and backgrounded concepts, are assessed as are a variety of linguistic strategies, such as the positioning of topics in thematic paragraphs and morpho- syntactic coding, inasmuch as they affect topic continuity/identifiability. The model is applied to news text data. It is demonstrated that subtle bias exists in Nation newspapers' coverage of the Otieno case, with Taifa Leo/Weekly favoring the application of traditional, ethnic law to burial matters, and Daily Nation supporting civil, secular law.
Thesis:
Thesis (Ph.D.)--University of Florida, 1990.
Bibliography:
Includes bibliographical references (leaves 319-327).
General Note:
Vita.
General Note:
Typescript.

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University of Florida
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University of Florida
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The University of Florida George A. Smathers Libraries respect the intellectual property rights of others and do not claim any copyright interest in this item. This item may be protected by copyright but is made available here under a claim of fair use (17 U.S.C. §107) for non-profit research and educational purposes. Users of this work have responsibility for determining copyright status prior to reusing, publishing or reproducing this item for purposes other than what is allowed by fair use or other copyright exemptions. Any reuse of this item in excess of fair use or other copyright exemptions requires permission of the copyright holder. The Smathers Libraries would like to learn more about this item and invite individuals or organizations to contact the RDS coordinator (ufdissertations@uflib.ufl.edu) with any additional information they can provide.
Resource Identifier:
AHZ0665 ( LTUF )
80981571 ( OCLC )
0026109594 ( ALEPH )

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Full Text















EVALUATING INTERETHNIC CONFLICT IN THE PRESS: A CROSS-LINGUISTIC DISCOURSE ANALYSIS MODEL




















By

RICHARD G. MCGARRY


A DISSERTATION PRESENTED TO THE GRADUATE SCHOOL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLM4ENT
OF THE REQUIREMENTS FOR THE DEGREE OF
DOCTOR OF PHILOSOPHY

UNIVERSITY OF FLORIDA


1990





Copyright 1990

by

Richard G. McGarry














ACKNOWLEDGMENTS


In the process of writing this dissertation, I have been cared for by many who have, in large and small ways, encouraged me to believe that the process is not as dehumanizing as some would believe, listened to me when I've needed to rant and rave, supported me with helpful suggestions, chided me to be more diligent during "slump" times. Most of all they have just been there! To these I give my most heartfelt and sincere thanks.

I want to individually thank members of my dissertation committee for their comments, support, and direction for the past two years: Andrea Tyler, Chauncey Chu, Robert Scholes, Donald Williams, Olabiyi Yai. Special thanks go to my chairman, Haig Der-Houssikian, for his tireless work and support on this dissertation project. His mentoring has, indeed, enabled me to better appreciate Africa and linguistics. His support has made the process of graduate studies both humane and enjoyable.

But of all those who have had some involvement in this effort, my wife Carter deserves the most credit. Her patience with my impatience, her forbearance with my discouragement, her sharing in my victories has made the


iii








process worthwhile. It is to her I dedicate this dissertation.














TABLE OF CONTENTS



ACKNOWLEDGMENTS. iii

LIST OF TABLES. viii

LIST OF FIGURES. ix

A.BSTR~ACT. x

CHAPTERS

ONE INTRODUCTION. 1

The Otieno Case. 4 The Study. 6
Pragmatic and Semantic Variables .6 Morpho-Syntactic Features .10 Methodology.12

PART I: DISCOURSE ANALYSIS MODEL . 14

TWO CONTEXTUAL VARIABLES IN DISCOURSE
ANALYSIS. 14

Macrocontext. 15 Ethnicity and Interethnic Conflict .16
Ethnicity, Westernization, and Law
in Kenya. 21
The Role of Communication in Interethnic
Conflict. 34
The Role of Swahili and English in Kenya. 46
The Role of the Press in Kenya .52
Conclusion. 59 Notes. 60

THREE COGNITIVE VARIABLES IN DISCOURSE
ANALYSIS. 61

The Nature of Schema Theory. 63
The Nature of Human Cognition and
Semantic Hierarchies. 74
A Cognitive-Based Analysis of Two
News Texts. 95





Notes . 103

FOUR TEXTUAL FEATURES . 104

Review of the Literature . 106 Definitions . 116 Structure of Press Discourse . 122
Position and Topic Continuity in
Press Discourse . 122 Initial position . 123 Medial position . 128 Final position . 132 Summary . 136
Syntactic Structure and Topic
Continuity . 137
Analysis of Syntactic Devices . 139
Referential infinitive/zero anaphora . 139
Clinic pronouns, verb agreement/
pronouns . 141
KA tense . 143 Definite NP . 145 Passivization . 149 KI tense . 153 Summary . 155
Logical Connectors . 156 Topic Continuity and the Press . 158

PART II: APPLYING THE MODEL . 160

FIVE PRESS DISCOURSE DATA . 160

Objectives . 161 January 6, 1987 . 165
Taifa Leo . 165 Daily Nation . 188
March 26, 1987 . 197
Taifa Leo . 197 Daily Nation . 203
May 16, 1987 . 208
Taifa Weekly . 209 Daily Nation . 216
conclusion . 219 Notes . 220

SIX ANALYSIS OF RESPONDENT DATA . 221

Nature of the Study . 223 Experimental Procedures . 229 Results and Discussion . 231 Attitudes Toward the Press . 231 The Otieno Case . 235
Experimental respondent #1: Embu/Kikuyu. 238





Experimental respondent #2: Luhya/Luo . 241 Experimental respondent #3: Kikuyu . 247 Experimental respondent #4: Luo . 249
News Story Recasts . 251
Experimental respondent #1 . 252 Experimental respondent #2 . 255 Experimental respondent #3 . 259 Experimental respondent #4 . 263
Summary . 267 Comparisons . 267 Summary . 275

SEVEN CONCLUSION . 277

APPENDICES

A TAIFA LEO, JANUARY 6, 1987 . 280 B DAILY NATION, JANUARY 6, 1987 . 283 C TAIFA LEO, MARCH 26, 1987 . 287 D DAILY NATION, MARCH 26, 1987 . 289 E TAIFA WEEKLY, MAY 16, 1987 . 292 F DAILY NATION, MAY 16, 1987 . 298 G RESPONDENT QUESTIONNAIRE . 301 H SWAHILI CONTROL RESPONDENT #1 . 304 I SWAHILI CONTROL RESPONDENT #2 . 306 J ENGLISH CONTROL RESPONDENT #1 . 307 K ENGLISH CONTROL RESPONDENT #2 . 308 L EXPERIMENTAL RESPONDENT #1 . 309 M EXPERIMENTAL RESPONDENT #2 . 311 N EXPERIMENTAL RESPONDENT #3 . 314 0 EXPERIMENTAL RESPONDENT #4 . 316 REFERENCES . 319 BIOGRAPHICAL SKETCH . 328


vii















LIST OF TABLES


Table 2.1 SUMMARY OF TAIFA WEEKLY ARTICLES . 56

3.1 FOREGROUNDING/BACKGROUNDING PARADIGM
FOR ENGLISH AND SWAHILI . 95 4.1 SYNTACTIC CODING HIERARCHY . 139 4.2 SWAHILI TOPIC CONTINUITY HIERARCHY . 140 4.3 FREQUENCY AND CATEGORIES OF PASSIVES . 151


viii















LIST OF FIGURES


Figure poage

5.1 TAIFA LEO, JANUARY 6, 1987. 176 5.2 TAIFA LEO, MARCH 26, 1987. 199 5.3 DAILY NATION, MARCH 26, 1987. 207 5.4 TAIFA LEO, MAY 16, 1987. 212 5.5 DAILY NATION, MAY 16, 1987. 218

6.1 RECAST NETWORK OF EXPERIMENTAL
RESPONDENT #1. 254

6.2 RECAST NETWORK OF EXPERIMENTAL
RESPONDENT #2. . 258

6.3 RECAST NETWORK OF EXPERIMENTAL
RESPONDENT #3. 262

6.4 RECAST NETWORK OF EXPERIMENTAL
RESPONDENT #4. . 266













Abstract of Dissertation Presented to the Graduate School of the University of Florida in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy

EVALUATING INTERETHNIC CONFLICT IN THE PRESS: A CROSS-LINGUISTIC DISCOURSE ANALYSIS MODEL By

Richard G. McGarry

December, 1990

Chairman: Dr. Haig Der-Houssikian Major Department: Linguistics

A tripartite model for analyzing interethnic conflict in the press is presented and discussed. This consolidated model interrelates pragmatic/contextual elements with cognitive and morpho-syntactic variables in order to establish subtle bias in what is commonly considered "objective" news reporting. A series of articles, covering the "Otieno case," from two Kenyan newspapers, the Swahililanguage daily/weekly, Taifa Leo/Weekly, and the Englishlanguage newspaper, Daily Nation, serve as the primary data base for the study. Elicited respondent data confirm the model's basis in reality.

Such contextual features as the nature of ethnicity in Kenya, the character of interethnic conflict between the Kikuyu and Luo ethnicities, and the role of the press in








Kenya are presented vis-&-vis the Otieno case. A reader's perception of a news story in terms of cognitive framing, i.e. networks of foregrounded and backgrounded concepts, are assessed as are a variety of linguistic strategies, such as the positioning of topics in thematic paragraphs and morphosyntactic coding, inasmuch as they affect topic continuity/identifiability.

The model is applied to news text data. It is

demonstrated that subtle bias exists in Nation newspapers' coverage of the Otieno case, with Taifa Leo/Weekly favoring the application of traditional, ethnic law to burial matters, and Daily Nation supporting civil, secular law.





CHAPTER ONE
INTRODUCTION

In any news story, journalists use a variety of

linguistic strategies to report events and situations as they themselves have experienced them or as the event has been reported to them. Invariably, writers of news discourse relate events from a particular point of view, which has the cumulative effect of emphasizing certain topics, themes, and/or events while deemphasizing others. Readers, in turn, are able to process this form of written communication by interrelating pragmatic/contextual variables with linguistic features which enable them to discern which topics, themes, and/or events are most important or relevant in that particular communicative act. The investigation of these pragmatic and linguistic strategies employed within the context of written discourse forms the basis of discourse analysis.

The field of discourse analysis, especially as it

relates to cross-cultural communication, is relatively new. Historically, researchers have taken two distinct approaches to discourse analysis. As will be thoroughly discussed below, certain literature (most notably Giv6n, 1983b, 1983c, 1984; Hopper & Thompson, 1980; Kuno, 1976; and Li &










Thompson, 1976 to name a few) has emphasized the relationship between discourse and syntactic structure. Pragmatic features were seemingly deemed nonlinguistic and not considered. Other research (namely Levinson, 1983; Sperber & Wilson, 1986; and van Dijk, 1981, 1983, 1985a) has largely focused upon praginatic-cum-semantic variables without regarding the morpho-syntactic features generated by context. Few attempts have been made to unify the two approaches. Moreover, few studies (save those of van Dijk) have specifically analyzed press discourse. Studies of news texts have been based largely upon homogeneous circumstances, that is, press discourse written and read by individuals from the same linguistic background. Little substantive research has been carried out involving the analysis of press discourse in linguistically heterogeneous circumstances.

The research undertaken in this study combines

pragmatic, cognitive ("schema theory"), and morpho-syntactic elements into a single, workable model of discourse analysis which can be applied to written discourse crosslinguistically. I intend to demonstrate the efficacy of this tripartite model through its application to press discourse, specifically to Swahili- and English-language news texts from Kenya. This study deals with the efficiency of the model to make certain predictions regarding written discourse alone. Although the analysis of oral discourse is










an important and necessary topic f or further study, it is not my intention for any predictions made by the model to be transferred to spoken discourse although research in this area would be useful.

The purpose of this study is bifocal, having both linguistic and sociocultural goals. First, I want to establish the usefulness of the model itself. Second, by applying the model, it is my intention to establish the nature of how conflicts between ethnic groups are reported in the Kenyan press. Building a unified model of discourse analysis for the purpose of examining intratextual and intertextual relationships in a specific context will greatly aid our understanding of the language of interethnic conflict, and will provide a useful heuristic which can potentially be applied to a variety of contexts in which interethnic conflict is reported in the press (cf. Gumperz, 1982; Green, 1989).

I propose to test the viability of this model of discourse analysis by employing data from three main sources: two written sources, the Swahili-language daily Taifa Leo (and Taifa Weekly) and the English-language Daily Nation, and from oral responses from Swahili and English speaking participants. The latter data will be used to establish the validity of the model to predict the kinds of information readers will use to process newspaper discourse (cf. Chapter Six).









It will be my goal to analyze the perception these

media have of the Luo ethnic group, inasmuch as it reflects the society as a whole. Both Swahili and English lend themselves uniquely to this task because they are interethnic and international languages. In other words, these languages are used, with a few exceptions, in largely heterogeneous circumstances. Moreover, an additional benefit of comparing Swahili texts as the primary data base with English texts as "control" data is to establish similarities and differences between the discoursal structures of the two languages.


The Otieno Case


The context around which this study is based pertains to a controversial court case involving burial rights which arose in Kenya in December, 1986, and continued through the first half of 1987. The "Otieno case" began when S.M. Otieno, a Luo and a prominent Nairobi attorney, died, and, at the behest of his wife, Mrs. Virginia Wambui Otieno, was to be buried on his Upper Matasia farm. Mr. Otieno's brother, Mr. Joash Ochieng' Ougo, objected and elicited the help of the Umira Kager Clan, to which he and Mr. Otieno belonged, to help in the dispute. Their objections were based on the custom that Luo are traditionally buried in Luo territory.









A lawsuit was filed by Mrs. Otieno in the Kenyan High Court seeking custody of the body of her late husband. The High Court, through Mr. Justice Frank Shields, handed down the ruling that the Umira Kager clan had no locus standi ("legal standing") to claim Mr. Otieno's body and bury it in Luo territory. As a result of the judgment, they filed an appeal in the Court of Appeals of Kenya, and were subsequently given joint custody of the body with Mrs. Otieno to bury it at Nyalgunga in Luoland. Mrs. Otieno, however, objected, claiming that she was the sole "next of kin" and was entitled to bury the body on their property in Upper Matasia, according to various statutes in the Law of Succession of Kenya. The Court of Appeals heard Mrs. Otieno's petition, but let the earlier ruling stand. Neither Mrs. Otieno nor her immediate family attended Mr. Otieno's funeral in Nyalgunga.

The Otieno case raised many issues of interest to the people of Kenya. Among them were the conflict between traditional law and civil secular law, the role of ethnicity in Kenyan society, particularly interethnic relations, and ultimately the Luo vs. Kenya. The case, although settled





legally in favor of traditional law, continues to evoke strong emotions and debate.


The Study


In my master's thesis (McGarry, 1988), a discourse pragmatic model of analysis was developed and applied to written discourse in order to ascertain which topics were deemed by writers to be most salient and which topics least salient. The model was based upon topical positioning within the structure of a "thematic paragraph" as well as on a variety of syntactic devices which comprise a continuum of topic identifiability and continuity. This model proved a useful pilot project for evaluating syntactic variables within the particular English-language press discourse tested. This study greatly expands the scope and breadth of the pilot study, analyzing the interrelationship between pragmatic, semantic, and morpho-syntactic variables.


Pragmatic and Semantic Variables

The notion of pragmatics has traditionally been a

difficult one to define, perhaps due to the fact that it is largely amorphous. There are few neat "pigeon holes" into which linguistic categories can be placed and analyzed. However, a serviceable definition of pragmatics is offered by Green (1989). Pragmatics is "the study of understanding intentional human action. The central notions in pragmatics





must then include belief, intention (or goal), plan, and act" (3).

With this definition in mind, a complete analysis of discourse must be viewed in terms of a variety of communicative contexts, an important facet in the purview of "pragmatics." First, in terms of written discourse, writers make assumptions about what the reader is likely to accept without challenge. These presuppositions comprise what can be termed "the common ground" of the participants in a written communicative event. Suppose, for instance, a journalist writes about a fire at a dwelling in east Gainesville. It is likely that the writer will assume the reader will accept as true the existence of the dwelling in question, and, that on a particular day, the dwelling caught fire and burned. Moreover, it is assumed that the reader knows what a "fire" is, and is aware that "Gainesville" is a place/city wherein people live. These latter presuppositions are what Brown and Yule (1986) call "conventional implicatures.11 In other words, a "conventional implicature" is what a writer can imply (and a reader can interpret) based upon the meaning of the words themselves as they are used in particular communicative context.

Second, there are certain norms which are expected of language users in most every context. Grice (1975) terms these "conversational implicatures.11 According to Grice,





writers should 1) make contributions which are true, contributions for which there is adequate evidence; 2) be only as informative as is required (don't write too much or too little); 3) be relevant; and 4) avoid ambiguity and obscurity (cf. Sperber & Wilson, 1986).

Given these pragmatic principles, the sociocultural context of a linguistic event must be considered. Sociocultural context comprises what Gudykunst and Kim (1984) term "cultural influences," i.e. the values, world view, and mores of the writer and reader. Additionally, sociocultural context includes such influences as group membership and role relationships.

Chapter Two discusses and analyzes a variety of pragmatic/contextual issues including the notion of ethnicity, interethnic conflict, the relationship between ethnicity, westernization, and law in Kenya, and the role of the press in Africa and in Kenya.

Donald Horowitz (1985) in Ethnic Groups in Conflict posits that interethnic conflict is, at its essence, a matter of the comparison of distinctive linguistic, religious, cultural, and/or national characteristics. Horowitz further suggests that what solidifies a people's sense of ethnicity is the human need for familiarity and community, the desire for family ties and reciprocal emotional support. Membership in an ethnic group, therefore, enables important cultural variables to be










maintained within a socio-political context. These variables define who a person is in society in terms of who are their relations as well as who members of out-groups are.

Language is an important tool for the maintenance of ethnic identity (cf. Fishman, 1977; Bourhis & Giles, 1977; Giles, Bourhis & Taylor, 1977). World views, values, rules, and norms of particular groups may be revealed through language in communicative events. Interethnic conflict occurs when participants in a communicative event interpret each others' messages vis-&-vis conflicting knowledge "schemata" (frames) (cf. Goffman, 1974; Tannen, 1979; Gumperz, 1982).

Most of the ethnic groups in Kenya are speakers of Bantu languages. The majority of this population is comprised of three closely related groups: the Kikuyu, the Embu, and the Meru. The Luo, a Nilotic people, constitute a substantial minority of Kenya's population. The remaining few non-Bantu groups are virtually outside the mainstream of Kenya's sociopolitical life, despite the fact that the current President, Mr. Daniel arap Moi, is a member of one of these minorities.

In light of the fact that the Luo are a Nilotic people with a unique and different world view from their Bantu neighbors, it is not surprising that conflicts between





10

Bantu-speaking ethnic groups and the Luo arise on a regular basis in every sphere of Kenya's sociopolitical life.

Chapter Three discusses semantic variables in written discourse production and interpretation. Here, the cognitive notion of "frame" is addressed. Framing is essential to understanding the semantic component of the model. It has been suggested by many (Abbott, Black, & Smith, 1985; Deane, 1989a; and Glenberg et al., 1987) among others) that a frame is an organized network of concepts derived from one's prior experience and knowledge of the world.

In this chapter, frames are analyzed vis-a-vis two

important semantic hierarchies, one from Silverstein (1985) and the other, Kuno's (1976) concept of "empathy." Silverstein argues that a concept will be highly instantiated depending upon the degree of animacy it possesses. Empathy, meanwhile, is normative in evaluating the attitudes of writers toward participants in an event. By utilizing certain syntactic and semantic elements, writers are able to direct readers' focus toward participants in a news story and away from others. These elements encompass a wide range of syntactic and semantic structures, including case roles, agency, tense, aspect, and modality.










Morpho-Syntactic Features

Chapter Four is pivotal in that it analyzes topic continuity/identifiability from two angles, topic positioning within "thematic paragraphs" and morphosyntactic structures which enhance topic continuity.

Topic positioning within the thematic paragraph

structure is an important determinant of topic continuity and identifiability. Through the analysis of data from Taifa and Daily Nation, it will be demonstrated that certain participants in Swahili and English are more identifiable to readers if they are placed in the initial position in the thematic paragraph. Likewise, more backgrounded material tends to be placed toward the end of a paragraph.

In terms of morpho-syntax, certain devices such as

anaphors and nouns + demonstratives (Swahili) or definite articles (English) code old, instantiated information. Devices such as passives in both Swahili and English represent deviations from standard word order, and are often used to code less identifiable or new topics, although not always.

These insights into topic continuity/identifiability are significant in terms of reporting interethnic conflict. Topics writers who choose to highlight have the potential to be persuasive to readers. Writers can manipulate certain viewpoints by stressing a particular topic over another, or





by coding a particular topic as continuous, more identifiable than another. By analyzing topic continuity in news reports regarding the "Otieno" case, patterns concerning the sociopolitical situation in Kenya can be detected.


Methodology

Chapter Five reports the results of the application of the model to data sets from Taifa and Daily Nation, while Chapter Six analyzes data from respondents.

The methodology employed in Part II of this study involves three steps. First, a set of six articles, selected from the Otieno case corpus in Taifa and Daily Nation, is analyzed and compared vis-&-vis the model presented in Part 1. These samplings were selected from the corpus, and cover the scope of the case. Since the goal of this study is to analyze and evaluate discourse strategies used to convey objective information to the reading public, editorials and letters to the editor have been purposely excluded from the data base due to their overt bias. The goal of this chapter is to analyze this sampling of newspaper texts in order to evaluate writer intention.

Second, data from a variety of African respondents are analyzed and compared in order to establish whether or not the model has any basis in reality. In other words, to what extent do the claims made in Chapter Five of the study








13
correspond with data elicited from actual newspaper readers? The respondents were asked to recast a sample text from Taifa and/or Daily Nation. From these recasts, foregrounded and backgrounded topics were ascertained and compared both within each group and on an intergroup basis, as well as with the conclusions reached in Chapter Five.

Third, the respondents' feedback is evaluated in terms of any linguistic, cognitive, and/or cultural factors which may influence the way in which the stories are recast. These variables play roles in the way interethnic conflict in the press in processed and understood.














PART I
DISCOURSE ANALYSIS MODEL


CHAPTER TWO
CONTEXTUAL VARIABLES IN DISCOURSE ANALYSIS


For an analysis of press discourse to be inclusive, it is necessary to investigate a variety of communicative contexts out of which a particular news event arises. Specifically, an analysis of the extra-linguistic context surrounding a news story concerning an interethnic conflict situation enables the investigator to glean valuable information concerning the sociopolitical climate impacting the situation. Moreover, it is possible, through an understanding of contextual features, to obtain informed hypotheses regarding the intentions of news writers covering circumstances of interethnic conflict, and may additionally enable the investigator to partially predict the reactions of readers to news stories.

Contextual information consists of two interrelated

components: "'macrocontext" and "'microcontext."1 Macrocontext can be defined as those sociocultural features which have a direct impact on the communicative event. These include (among others) the world view of the culture in question; values, beliefs, and norms which establish the culture's








15
place vis-&-vis the world community; and the range of group memberships (both real and perceived) which establish solidarity among individuals in a culture. IMicrocontext represents those individuated networks of beliefs, values, presuppositions, and knowledge participants in a linguistic event utilized to insure successful communication. Microcontextual variables will be discussed in the following chapter on cognitive features of discourse analysis.

The goal of this chapter is to discuss a variety of

macrocontextual variables inherent in the Kenyan culture for the purpose of investigating how these variables affect news discourse, specifically reports concerning the Otieno case. It must be kept in mind that the intent of this chapter is to describe those salient features of the Kenyan culture and to draw general conclusions concerning their effect on news discourse. Conclusions and/or generalizations are only partial at this stage. In subsequent chapters, the full effect of sociocultural variables on the language of press discourse will be clarified.


Macrocontext


Certain macrocontextual features are important in the Kenyan culture and must be defined and evaluated. Among these are the general nature of ethnicity and interethnic distinctiveness; the relationship between ethnicity, westernization and law in Kenya as it affects Kenya's two










largest and most powerful ethnicities, the Kikuyu and the Luo; the role of language in interethnic relations; the role of Swahili and English as the de facto national languages of Kenya; and the role of the press in Kenyan society.


Ethnicity and Interethnic Conflict


Throughout the literature, the concept of ethnicityt" has been described in terms of a complex perceptual network manifest in sociopolitical reality. Horowitz (1985) posits that ethnic solidarity grows out of the human need for familiarity and community. Membership in an ethnic group enables important cultural variables to be maintained within a sociopolitical context. Likewise, Parkin (1977) argues that ethnicity has a strong perceptual component which is evidenced in ethnic groups comparing themselves (positively or negatively) to their neighbors. According to Parkin, an individual within a collectivity "recognizes" his/her membership in that collectivity vis-&-vis its distinctiveness from neighboring collectivities. Reflective of the perceptual nature of ethnicity, Yinger (1983:395) supplies the following definition:











Ethnicity is not an attribute, but a variable.
(It) is a segment of a larger society whose
members are thought, by themselves and/or others,
to have a common origin and to share important
segments of a common culture and who, in addition, participate in shared activities which the common
origin and culture are significant ingredients.


A collectivity's cognizance of their "glorious past" as well as their function within the culture greatly determines the types of behavior expected of group members. Self definition is only one component of the determination of a group's perceived function in society. Yinger argues that ethnicities ascertain their function in a society through out-group opinions of in-group solidarity and behavior. Kenyan ethnicities, such as the Luo and Kikuyu, are ethnicities by definition because they each have an origin in common, they think of themselves as an in-group and others as out-groups, and because neighboring collectivities consider them ethnic entities with established values and modes of behavior. (Out-groups may even distinguish unique physical characteristics which set them apart from the remainder of society. A good example is the valuation given to Luos by Bantu ethnicities concerning their custom which prohibits circumcision. Not only do certain Bantu groups characterize Luos as the "uncircumcised," but they hold Luos up to ridicule for being "cowards" [cf. Berg-Schlosser, 1984]).


MMMMMR





18
A final definition of ethnicity comes from Fishman, in a 1977 study of the interrelationship between ethnicity and language. According to Fishman, ethnicity provides individuals with a recognition of their unique place in society, acting as a filter through which individuals or collectivities understand who they are vis-&-vis their neighbors. Fishman points out that there are both "stable" and "changing" aspects of ethnicity. Specifically. he describes three such notions: "paternity," "patrimony," and "phenomenology."

Paternity pertains to an individual's biological

origins, or kinship. (Hereafter, "kinship" will be used.) As Fishman (1977) argues:


Ethnicity is, in part, but at its core,
experienced as an inherited constellation acquired
from one's parents as they acquired it from
theirs, and so on back further and further. (17)


The role kinship plays in the life of an individual or collectivity is extremely vital. Kinship ties provide substantive support in times of conflict within families or communities. Kinship ties enable individuals to call on others for help and communities to enlist the aid of neighboring communities during crises. Most importantly, kinship ties create and sustain relationships built on mutual support and intimacy.





A second aspect of ethnicity discussed by Fishman

(1977) is "patrimony," which refers to a system of fairly well defined behaviors. According to Fishman, the concept of ethnicity is multiplicitous. It is a state of being as well as a system of behaviors wherein members of an ethnic group define who they are.

The third notion of Fishman's definition of ethnicity is what he terms "phenomenology." Phenomenology refers to the significance individuals or collectivities attach to their behavior. In other words, phenomenology is "how ethnicities view ethnicity" (23).

The studies cited above support the notion that ethnicity is both rooted in the cognitive/perceptual framework of individuals and collectivities, and is manifest in sociopolitical reality. To use a well-worn phrase, ethnicity is partially in "the mind of the beholder." To be sure, one's inclusion in an ethnic group is dependent to a great degree upon factors of paternal or (in the case of some cultures) maternal heritage. But the salience of ethnicity, the degree to which an ethnicity asserts its exclusivity from other groups within a society, is contingent upon whether individuals in the group believe themselves to be members of the group in contrast to being a member of a neighboring group. This is an important factor to consider in our discussion of interethnic conflict.










In the pilot project for the present study (McGarry, 1988), I argue that in sociopolitical entities, there are interest-group collectivities, ethnicitiese" in Rothchild's (1986) terms, which organize their collective existences around particular values, norms, and rules. Within that same sociopolitical entity there are other well-defined collectivities which possess significantly different values, norms, and rules. When these groups come into contact with one another and vie for political power and their share of market goods, conflicts arise. Rothchild (1986) contends that interethnic conflict arises from differences in perspective concerning nonnegotiable and negotiable issues. "Nonnegotiable" issues, in Rothchild's theory, are ideological in nature, including such notions as world view, belief systems, etc. "Negotiable" issues, on the other hand, include tangible goods and services for which individuals "negotiate" on a daily basis. Horowitz (1985) holds a similar view of the origins of interethnic conflict. He posits that interethnic conflict is, at its essence, a matter of comparison of distinctive linguistic, religious, cultural, and/or national characteristics or a misunderstanding of the behaviors of those considered outgroup members. The causes of interethnic conflict, therefore, are both intricate and manifold. Almost any set of events or circumstances wherein individuals from










different ethnic groups come into contact with each other can potentially initiate a conflict situation.

I believe Rothchild is essentially on target in his

negotiable/nonnegotiable distinction. Those conflicts which have arisen on account of value or world view differences appear to be both longer lasting and of greater intensity.

The Otieno episode is a prototypical instance of a

nonnegotiable conflict. Not only was the conflict the focus of attention for nearly six months while various court challenges were heard, but issues arising from the conflict are still being debated in the Kenyan Parliament, in Kenyan university law and government classrooms, and in homes throughout the nation (although with the exception of two lead stories immediately following the resolution of the court case, the Kenyan press (English and Swahili) has chosen to avoid this issue (Kimani wa Ngoju, Kazungu, and Ndwiga, personal correspondence).


Ethnicity, Westernization, and Law in Kenya

The Otieno episode was essentially a conflict between two competing legal systems, traditional, customary law and civil, secular law. However, it is likely that the case would not have been so ardently contested had the litigants not been members of ethnicities with a history of conflict. The conflict between Mrs. Otieno and the Umira Kager Clan was representative of a larger historical struggle between





the Luo and the Kikuyu ethnic groups, as they were influenced by western cultural postulates. In this section, I will discuss the interrelationship of ethnicity, westernization, and law in modern Kenyan society, especially as it has impacted Kikuyu and Luo groups.

The notion of "ethnicity" is highly prominent in Kenya due to there being a number of large, powerful groups who vie for political and economic power. According to the latest Kenyan census figures available (Kenya Population

Census, 1979)1, of the 15.3 million residents, 75% of the population belongs to five ethnic groups: Kikuyu and Kamba (Southern Bantu), Luhya (Western Bantu), Luo (Western Nilotic), and the Kalenjin (Southern Nilotic). Two of the largest and most powerful ethnic groups are the Kikuyu and Luo, with the Kikuyu representing approximately 20.9% of the population and the Luo 12.8%.

Of particular interest is the fact that whereas the

percentage of the Kikuyu population increased from 20.1% to 20.9% in the years 1969-1979, the percentage of the Luo population actually decreased. Census figures (1979) indicate that there were 2,201,632 Kikuyu in 1969. In 1979 the total number of Kikuyu increased by 45.48% to 3,202,821. In that same time period, although the actual numbers of Luo increased from 1,521,595 to 1,955,845 (28.54%), the percentage of the Luo population (against the entire Kenyan population) actually decreased somewhat from 13.9% to 12.8%.





The significance of these statistical factors becomes readily apparent when analyzed in their sociocultural context. The Kikuyu and Luo ethnicities are derived from widely divergent backgrounds, possess distinct world views and values, speak unrelated languages, and compete with each other for goods and services in a nation which ranks in the lower quarter of the world's nations in terms of "modernity" (an aggregation of such socioeconomic variables as Gross National Product (GNP), food supply, medical care, infant mortality, etc.) (Berg-Schlosser, 1984). As the Kikuyu population increased at a rate greater than that of the Luo group, demands for goods and services also increased proportionally. Increased demand, in turn, created the situation wherein Kikuyu politicians called for incremental increases in the allotment accorded their constituents. Luo politicians, in response to the threat of increased direct competition from their historical Bantu rivals, took a number of courses of action available to them. They first demanded the government augment the apportionment given to their constituents, and they strengthened the international trade network with the neighboring Luhya group, which, although Bantu in its origins and language, have historically felt some affinity with their Nilotic neighbors (cf. Parkin, 1977; Berg-Schlosser, 1984).

The scenario above typifies the ethnic struggle in

postmodern Kenya, especially in light of Larmouth (1987),










who argues that an important factor in the maintenance of ethnic identity is economic development. In a multi-ethnic nation, such as Kenya, if one group is more economically advantaged, the less advantaged group will either try to identify in some way with the advantaged group or attempt to assert their own identity.

Berg-Schlosser's (1984) comprehensive study of Kenya's seven major ethnicities serves as an appropriate resource for a further description of the Kikuyu and the Luo and the inherent competition between them. According to BergSchlosser, the Kikuyu tend to be a homogeneous group both socially and culturally, although somewhat less traditional than many of their Bantu and Nilotic counterparts. The core of the Kikuyu world view, as argued by Cavicchi (1976), rests in a strong belief in God as creator of the ewarth and the Kikuyu people, and mutual respect and acceptance of all, "even foreigners" (184). Quoting Jovenale Getao, a teacher in the Catholic Mission Limuru, Cavacchi states,


on inquiring about the Kikuyu way with the old
people, I have come to understand that the Kikuyu
who know the true Kikuyu-was do not insult their
medicine man. The way I think about it all is
this: Let us develop a true mutual understanding
with the Great-ones (elders) and small ones. (183)


Further, Cavacchi indicates that following the "Kikuyu way" is to adapt to meet changing conditions, even if those patterns of living are foreign ones. This value inherent in










the Kikuyu culture perhaps facilitated Kikuyu adoption of certain western values, as will be discussed below in greater depth.

Kikuyu society is patrilineal. Leadership is based

upon age wherein elders have the right and duty "to preserve and interpret the tradition, make rules for new contingencies, direct military defence, administer justice, and generally regulate the conduct of the affairs of the community" (Cavacchi, 1976:17). In marriage, wives become members of their husband's mbari, clan, and to that clan she owes her allegiance (Cavacchi, 1976).

In terms of economic wealth, there is evidence of wide stratification among Kikuyus residing in rural areas vs. their urban counterparts, especially upper- and middle-class Kikuyu business people in Nairobi (Berg-Schlosser, 1984). As the dominant ethnic group in modern Kenya, and as active participants in the political and business arenas, the Kikuyu are often the object of envy and hostility among neighboring ethnicities because of their power and position.

The dominant position of the Kikuyu in modern Kenyan

society resulted largely from their contact with westerners. Kaplan et al. (1976) indicate that, during the colonial period, Kikuyus became westernized more rapidly than any other ethnic group in Kenya. This was due to the fact that Nairobi, situated approximately half-way between the two terminii of the East African Railroad (Mombasa and Kampala,










Uganda), is in the environs of Kikuyuland. Kaplan et al. point out that many Kikuyu left their homesteads to work as laborers on "white-owned" farms. Moreover, when colonial schools were established, Kikuyu children profitted greatly. In fact, Kaplan et al. report that by the late 19701s, twice as many Kikuyu children were enrolled in school than Luo children.

Of the Kenyan ethnic groups, not only did Kikuyus reap the most benefits from weternization, they also bore the greatest extent of the racism inherent in colonialism (Kaplan et al., 1976). Their mistreatment by the British incited their calls for political change and fomented the Mau Mau revolt, in which Kikuyus had a powerful voice. After independence, Kikuyus "aggressively" bought land and businesses, further establishing their role as Kenya's dominent ethnic group as well as further arousing hostility from other ethnic groups with which the Kikuyu were competing for goods and services (cf. Kaplan et al., 1976).

A somewhat surprising statistic brought forth by BergSchlosser (1984) concerns the Kikuyu's view of the social and political role of women in Kenyan society. Sixty-two percent of the Kikuyu respondents indicated that women should have less freedom. Further, 42% said that women should be less active in the political arena. These statistics are somewhat surprising given that Kikuyus are usually perceived as being among the most "progressive"










ethnicities in Kenya (Kimani wa Ngoju, personal

correspondence)2. Actually, when questioned about their sense of traditionalism ("It's better to stick with what you have than try new things that you really don't know about"), a large percentage of Kikuyus (33%) responded positively, which corresponds to Cavicchi's (1977) field research wherein he found that,


There appears to be some agreement among the Kikuyu about the necessity of preserving the
national or tribal tradition. (121)


In contrast to statistics showing fairly high levels of "conservatism" among Kikuyus vis-&-vis the role of women in society, a substantially lower percentage of Luo, usually perceived as being "more traditional," indicated that women should have less freedom (51% vs. 62%). Moreover, only 30% of the Luo respondents said women should be less active in politics. In terms of "traditionalism," percentages for Luos and Kikuyus were identical.

In sum, although, as Berg Schlosser has indicated, the Kikuyu ascribe importance to traditional values (cf. Mugo, 1982), their early and extensive contact with British colonials enabled them to embrace many western cultural postulates (especially business values). As will be illustrated below, this factor further served to heighten the conflict between Kikuyus and Luos. In turn, this










conflict intensifed the matter over who would bury Mr. Otieno and where he would be buried.

The Luo world view appears to be guided by a strong

desire to preserve a sense of harmony within the community, which is not unlike their Kikuyu counterparts. OchollaAyayo (1980) argues that Luos place a great deal of significance on such values as stability, seniority in the family, tradition, kinship, peace, and cooperation. This world view is manifest in a multiplicity of religious and social relationships.

Having once been pastoralists, Luos seek to live in

harmony with their surroundings. The land and Lake Victoria provide the primary food source for themselves and their cattle. Elements of nature, especially the sun, hold a certain esteem among Luos, especially the elderly. As one Luo respondent in Sytek (1972) stated,


Long ago they worshipped only the sun . . . when a person was sick or dying we prayed to the sun to heal him. The sun knew all, even the stealthiest
of acts . . . We appealed through it for rain
through prayers, but an individual did not pray to
the sun to help him individually. (173)


This respondent added that when the "white men" came,

bringing with them a western-type cosmology, the Luo concept of the created order changed also.










When the white man came he brought a new idea of
God along with him. From that time, the belief
that God created the earth was adopted, and that
belief still prevails today. . .It is the white
man's foreign ideas that discredited the sun's
might. (173)


In terms of social relationships, the Luo community consists of a network of kinship relations called wat. A wat relation is one created by common ancestry and by marriage. Okoth Okombo (1987) indicates that this system of relationships is a "transitive" one. If individual A is a wat to individual B, and individual B is wat to individual C, then individual A is also in a wat relationship with individual C. Okoth Okombo argues that wat relationships are constantly expanding, especially through marriage. The act of marriage can create a new wat relationship between two non-wat families.

In addition to wat relationships, there is an inner kinship core relationship called anyuola. Anyuola relationships are established by ancestry alone. More specifically, since every Luo clan society is patrilineal, every individual becomes a member of his/her father's anyuola. A maternal uncle, for example, is a wat but not an anvuola.

Although marriage creates wat relationships, it cannot establish anyuola ones. A bride is anyuola in her clan of birth, but not in her marriage family. The woman may be









treated (and often is in intraethnic marriages) as if she were anyuola, but in fact she is not her husband's kinswoman.

Children fathered in extra-marital relationships by men who are not married to the mother, while being tolerated and in many cases accepted by the mother's husband and his kinspeople, nevertheless do not have an anyuola relationship with his/her mother's husband. These children, therefore, cannot participate in the important dala (establishment of a "home") ritual, and are denied leadership positions in the clan.

Luo kinship patterns determine the extent to which an individual is considered a member of an out-group. This becomes highly apparent in light of the Otieno episode, considering the relationship between Mrs. Otieno and her husband, S.M. Otieno, and the relationship between Mrs. Otieno and her husband's clan. In the Luo conception of kinship, Mrs. Otieno is considered a member of her father's clan, her mbari in the Kikuyu social system, which is a network of families who have a common patrilineal origin (cf. Berg-Schlosser, 1984). Before her marriage to Mr. Otieno, Mrs. Otieno's relationship to the Luo community was that of an out-group member. Upon marrying Mr. Otieno, she became a "wat" relative to her husband and his family. To the Luo, Mrs. Otieno's relationship to her husband was nonanyuola, that is, Mrs. Otieno was viewed as a member of an










out-group and not her husband's kinswoman, and therefore could not, by traditional law, inherit her husband's property.

Although the Luo world view and notion of kinship is not significantly different from the corresponding Kikuyu notions, what is significant, and at the heart of the Otieno conflict, is the domain of the Kenyan Judicial system (based upon "western" English Common Law) over cases involving traditional "next of kin" rights.

As the press reported, the Otienos lived as

"Westernized Africans" during their marriage. They were members of and regularly attended the All Saints Church (Presbyterian Church of East Africa) in Nairobi. They adhered, to some extent, to the theological constructs of Christianity, which underscores the essential unity of husband and wife. In other words, in the neo-orthodox Christian concept of marriage reflected in the theology of the PCEA, the wife becomes her husband's kinswoman and vice versa.

When Mr. Otieno's Luo clansmen filed suit in the court system of Kenya, they claimed that they and not Mrs. Otieno were the rightful "next of kin." The judgment by Mr. Justice Shields is revealing of the conflict of world views (cf. Weekly Review, January 9, 1987).











The defendant's (Umira Kager Clan) case is that the deceased was a Luo and he must be buried in accordance with Luo customs and traditions. Mr.
Kwach for the defendants sought to distinguish
(between Bantu groups) and the Luo who are Nilotic
people, but he has failed to show how this
difference affected the reasoning of the court.
(Therefore), the custody of the remains of a
deceased belongs to his personal representative of
next of kin, and it is only he or she who has
locus standi to enforce the views of a deceased as
to its place and manner of burial. . . . The
defendants' (Luo) case is that the deceased was a
Luo and he must be buried in accordance with Luo
customs and traditions. . . . I can see nothing in
the Judicature Act or elsewhere in our law which
imposes a duty on a personal representative to
bury a Luo or a member of any other tribe in
accordance with tribal custom and in the tribal
homeland. (5)


The notion of kinship, or specifically, "next of kin"

reflected in Justice Shield's judgment is radically

different than that of the Luo's (and Kikuyu's) concept.

British Common Law extends certain rights to the spouse by

marriage, because, in the western conceptualization,

marriage creates a kinship relationship. By contrast, in

traditional cultures like the Luo and Kikuyu, "next of kin"

relationships are created only through patrilineal ancestry.

It is little wonder that Luo emotions were inflamed by

Justice Shield's decision, and not particularly surprising

that one of the most significant and hotly contested

conflicts in modern post-independence Kenya resulted from

this case.










Berg-Schlosser (1984) discusses a number of other

important characteristics of the Luo which further confirm a sense of rivalry between them and other ethnicities, especially the Kikuyu. He showed that although many Luo migrate to large urban areas (Nairobi or Mombasa) for employment, 87% of all Luos live in their ethnic area. He also indicated that Luos tend to be less trusting of their neighbors, relying instead upon kinship networks for mutual support. Of the Luo respondents surveyed, 31% said they trust most people, compared to 32% of Kikuyus (not a significant difference). However, 21% of the Luos said they trusted no one whereas only 15% of the Kikuyu respondents indicated that they trusted no one.

The degree of mistrust among Luos is likely due to infighting between political factions aligned according to ethnic loyalties. In the years just after independence (1963-1966), Luos and Kikuyus shared power in a single powerful political party, the Kenya African National Union (KANU). After 1964, Kikuyus largely dominated KANU. Dissatisfied, the Luo representatives broke away and formed the Kenya Political Union (KPU) (cf. Miller, 1984). These historical events are reflected in the Luo's lack of a sense of national pride.

Berg-Schlosser (1984) found that 16% of the Luos surveyed were proud of their political achievements as compared with 41% satisfaction among Kikuyus. Forty-seven





34

percent of the Luo respondents indicated that they were not proud of anything vs. just 11% of the Kikuyu respondents who were not proud of anything. In a separate but related survey which measured both national pride and degree of criticality of the government, Berg-Schlosser discovered that 19% of the Luo respondents were proud and not critical of the government. Thirty-nine percent of the Kikuyu respondents indicated they were proud and not critical. In terms of those respondents who were not proud and critical of the government, 21% of the Luos responded positively as compared to only 3% of the Kikuyu respondents.

As is apparent from the circumstances discussed above

the importance of ethnicity in Kenya augments the potential for a situation such as the Otieno episode to arise. Traditional world views and complex systems of social relationships as well as the extent to which members of a particular ethnic group appropriate western postulates influence the way in which the western-style legal system on which "modern" Kenyan law is established is interpreted and applied.


The Role of Communication in Interethnic Conflict

The discussion above has demonstrated the relationship between ethnicity and westernization in Kenyan society. It is important at this point to consider the role language plays in interethnic relations. Specifically, a useful





heuristic for evaluating communication in interethnic relations will be presented and examined. I will not only further establish the importance of ethnicity in Kenyan society, but also suggest that during situations of heightened conflict between groups, ethnicity can well be perceived as a threat to national unity and stability.

It is not surprising that ethnicity and language are

powerfully linked. Language is the means by which paternity is expressed and maintained, a link with "the glorious past." Language enables the heroic accounts of the ancestors to be passed down from one generation to the next as well as enabling the inculcation of certain values, mores, and social rules which are deemed important by the community.

Language behaviors reflect community behavior in a number of ways. Certain linguistic behavior, such as dialectal shifts, may be used in particular instances as cues to an individual's group membership (Bourhis & Giles, 1977).

An example of language behavior revealing community values can be found in an important study by Bourhis and Giles (1977). Basing their research on a study by Tajfel (1974), which claims that members of an ethnic group will compare themselves positively or negatively to members of an out-group and will utilize variations in the linguistic code to differentiate themselves from members of the out-group,





Bourhis and Giles analyzed situations wherein language learners consciously adapted their speech patterns to either conform to or diverge from the speech code used by members of an out group. The convergence/divergence was prompted by such factors as the sociocultural context of the linguistic event, the individuals' opinions of out-group members, and the individuals' established motivations for learning the second language. They concluded that accent convergence tends to increase when ethnic group membership and linguistic distinctiveness are not perceived by the individual as being essential. Accent divergence, by contrast, occurs when ethnic membership is accounted as very important to the individual, and when language is perceived as an important tool for the maintenance of ethnic identity. Linguistic strategies such as content differentiation and dialectal switching were used by certain participants to emphasize their ethnic identity, allowing themselves to be psychologically and linguistically distinct from out-group members.

How individuals or groups view their ethnic membership is often revealed in the way they view their language. Is a particular ethnic language considered by its native speakers difficult for out-group members to learn? Is the language considered poetically expressive or melodious? Should the language be adopted for general usage or for specific purposes by neighboring ethnicities? Should the language










become the regional lingua franca? From the answers to these queries, levels of ethnocentrism as well as the potential for interethnic conflict among collectivities are capable of being deduced and predicted. As we shall see below, the situation in Kenya is complicated by the national language status of both English and Swahili.

In a 1977 article, Giles et al. (1977) developed a framework by which interethnic relations, such as those between Luos and Kikuyus, can be appraised vis-&-vis language.

Giles, Bourhis, and Taylor argue that language in

intergroup relations has two vital functions. First, it serves as a symbol of ethnic identity and cultural solidarity. Second, it emphasizes and signals in-group membership under conditions wherein the identity of the group is somehow threatened. The authors further posit three criteria for assessing ethnic group vitality: "status," "demography," and "institutional support." From these criteria, language's role in the maintenance of ethnic group vitality can be ascertained.

In terms of the status criterion, Giles et al. (1977) argue that there are four factors which contribute to the status of an ethnic group: economic status, social status, sociohistoric status and language status. Economic status refers to the extent to which a particular group has gained control over the economic life of its nation, region, and/or





community. A critical question to consider is, to what extent does a group have control over its own economic destiny? Those groups which maintain economic superiority will, by extension, be those afforded higher status.

With reference to the Luo and Kikuyu ethnic groups, it makes some intuitive sense to argue that as two of the largest ethnic groups in Kenya, both groups have a relatively high degree of control over the economic life of the nation. The true situation, however, is a bit more complex. It is true that the two ethnicities together comprise some 34% of the population, and individuals from these two groups have historically been active in the political and fiscal life of the nation. However, although a large number of urbanized, upwardly mobile Luos and Kikuyus have successfully accommodated their sense of ethnic diversity for the greater goal of economic prosperity, BergSchlosser (1984) reports that many Luos are satisfied with the status of "employee" or "civil servant" while Kikuyus "are clearly the dominant ethnic group today, both economically and politically" (234). Even stereotypes of the two groups are reflective of their relative statuses in Kenyan society.

The Luo are regarded by members of out-groups as friendly and peaceful, "hard working and diligent" in matters of education (Berg-Schlosser, 1984). By contrast, the Kikuyu are viewed by others as "hard workers" and








39
industrious, especially in the business sector. Because of their success, the Kikuyu are seen as susceptible to corruption, "having many thieves and robbers among them" (Berg-Schlosser, 1984:66).

Social status refers to the level of esteem a group affords itself. Arguably, both Luos and Kikuyus afford a high level of esteem to their groups both within the boundaries of their ethnic areas and outside their borders. This is evidenced with respect to the Luos by the existence of strong clan organizations in Nairobi and Mombasa. Even in the coastal city of Malindi, far removed from the Luo areas around Lake Victoria (Western Province), a large group of Luo women gather each day at the local soccer stadium to make traditional crafts, sing Luo songs, and dance traditional dances. Moreover, according to Berg-Schlosser's (1984) study,


It can be said that the Kikuyu and Kamba, despite
regional variations, traditionally showed the
greatest degree of social unity. Next are the Maasai and the Luo, who, despite consisting of
distinct "1subtribes" in the past, demonstrate a
great measure of cultural similarity and who have
always been known to members of these groups
themselves and to outsiders by a common "tribal"
name. (202)


The third criterion, sociohistorical status, refers to the extent to which groups have fought to defend and maintain their ethnic identity. The Otieno episode may very well be a prototypical illustration of the extent to which


I








40
sociohistorical status is important to the Luo ethnic group. For a period of nearly six months, the Umira Kager Clan fought to maintain their traditional burial customs, the primary one of which states that the body of a Luo clansman must be returned to his ethnic area for interment.

Finally, regarding language status, Giles et al. state, "language's history, prestige value, and the degree to which it has undergone standardization may be sources of pride or shame for members of a linguistic community" (312). Indeed, both Dholuo and Kikuyu are sources of pride within the communities in which they are used (cf. Kaplan et al., 1976). However, the linguistic situation in Kenya is complicated by the de facto national status of English and Swahili (cf. below). There appears to be a transfer of prestige value by Kenya's ethnicities onto one or both national languages. A very low percentage of Luos, for example, claim proficiency in Swahili, due in part to its status as a Bantu language and, during the early stages of Kenyan independence, the language of lower socio-economic levels (cf. Whiteley, 1974). In contrast, Luos (and Kikuyus) generally possess a high proficiency in English, due largely to its perceived status as the language of technology and economic success.

Factors of linguistic code prestige are evidenced in

two studies, one observational and the other a formal study by Parkin (1977). On several occasions during my 1988
































































I


41
summer Swahili field study in Kenya, I visited the Luo craft guild of Malindi, described above. The guild members all used Dholuo as their conversational code among themselves. With outsiders such as myself they preferred English to Swahili, even though 1) they lived in a predominantly Swahili-speaking area, and 2) 1 attempted to converse with them in Swahili. Although they praised my level of "fluency" in Swahili, the women in the guild would use English with rare intermittent code switching to Swahili.

Parkin (1977), in an important study of multilingualism in Nairobi, contends that code switching between English, Swahili, and ethnic languages has both socioeconomic and ethnic components. English, according to Parkin, is the "high diatypell in bilingual conversations, reflective of its status as the language of education and commerce. Swahili, by contrast,


is likely to emerge as a middle diatype by seeming
to transcend two kinds of social particularism: the localized particularism of a single ethnic
group connoted by the use of the vernacular: and
non-localized particularism of high socio-economic
status connoted by use of English. (206)


Demographic criteria play an essential role in the assessment of ethnic group vitality. Under the heading "demographics," Giles et al. (1977) distinguish three subheadings: "group distribution," "group numbers," and "institutional support."










The vitality of an ethnic group is determined by the extent to which a group is tied to an ancestral homeland, and the extent to which that home area is a vivifying sociopolitical entity within the nation. Likewise, widespread distribution of an ethnic group often leads to a low sense of vitality. In the case of the Luo ethnic group, their attachment to their ethnic area remains strong (BergSchlosser, 1984). This is evidenced by the distinction made between a "house" and a "home," an important issue in the Otieno case.

Okoth Okombo (1987) points out that Dholuo has two words that represent the English equivalent "home." The first, dala, denotes both the physical structure and the ritual involved in blessing the structure. Dalas can only be constructed in Luo territory. By contrast, an ot denotes a physical structure only. There is no ritual involved in the construction of an ot. A Luo can possess an ot anywhere in the world, but can only own a dala in Luoland. Consequently, in his testimony before the Kenya Court of Appeals, Omolo Siranga, the Umira Kager Clan representative in Nairobi, stated, "Luos have houses but no homes in Nairobi." Therefore, Luo kinspeople are tied to their ethnic area because their "homes" are there. When a Luo kinsman dies, the body is returned "home" for burial.

The group numbers criterion refers to such elements as birth rate, mixed marriages, immigration, and emigration.








43
Specifically concerning language behavior in mixed marriage situations, Giles et al. argue that,


subordinate groups are likely to maintain a higher
degree of vitality when their language retention
ratio is high, and when instances of
ethnolinguistically mixed-marriages is low or
favorable to the subordinate group. (314)


Although the authors' point may have general validity, competition between individual and group goals may be an overriding factor affecting ethnic vitality. In the Otieno case, for example, it was revealed in the courtroom testimony of Mrs. Otieno that she and S.M. predominantly spoke English at home, intermixed with Swahili. Her testimony also revealed that S.M. was "a cosmopolitan who adopted a Western type lifestyle" (S.M. Otieno, 1987:105). In other words, the Otienos' lifestyle could be characterized as one befitting persons whose values reflected such Western postulates as individual attainment and economic prosperity. Although the Otieno marriage was heterolinguistic and ethnically mixed, their individual goals as successful "westernized" citizens in a postcolonial state superseded their distinctiveness as members of a particular ethnic group.

According to the "institutional support" criterion discussed by Giles et al. (1977), those ethnicities with more highly organized political, social, and religious structures will tend to be more viable than those which are










loosely organized. Further, groups which are heavily represented in the institutional hierarchy of the community and/or state have a higher degree of vitality than those poorly represented.

Both the Kikuyu and Luo groups score highly in this area. Both have historically taken an active role in national politics since the advent of the colonial era. Occasions of interethnic conflict between Kikuyus and Luos have been occasioned by competition for ascendancy in the political arena. The formation of the predominately Luo KADU (Kenya African Democratic Party) from KANU (Kenya African National Union) resulted from among other things political disagreements along interethnic lines (cf. Ogot, 1968).

Having established functional criteria for analyzing the vitality of ethnic groups in a sociopolitical context, the Giles et al. discuss the notion of cognitive alternatives. Ethnic groups will perceive their stability or instability in terms of the extent to which the group believes its social position can be changed or reversed. In cases where no cognitive alternatives exist (i.e. in cases wherein little change in the sociopolitical. status quo is perceived), group members may well adopt individual actions as a means of attaining a positive social identity. Selforiented actions, according to Tajfel (1974), bring about a positive social identity because individuals tend to compare





themselves with other members of the in-group rather than with members of the more powerful out-group.

Further, Tajfel posits that ethnic groups themselves can attain a positive change in their self-identity by: a) assimilating culturally with the dominant group, b) redefining the negatively-valued characteristics of one's own group as positive, c) creating new criteria for intergroup comparison, and d) competing directly with the more-powerful out-group.

Luos, for example, have effected a positive selfidentity by directly competing with Kikuyus in both the political and economic sectors. Luos have also succeeded in establishing new criteria of comparison which conform to the sociocultural situation. Although urban Luo businessmen work alongside their Kikuyu counterparts toward the goal of achieving a higher standard of living, they rarely adopt their cultural postulates. Rather, urban Luos and Kikuyus embrace certain Western values which enable them to achieve their individual goals. Berg-Schlosser (1984) indicates that urban Luos are often seen wearing stylish Western business suits which give them the appearance of successful entrepreneurs.

With respect to language use, minority groups which

desire to build a more positive image may either adopt the linguistic characteristics of the dominant group or vary their language so as to be distinctive. Dominant groups, by
































































I


contrast, will maintain their characteristic speech code when no threat is perceived to their dominance. Should a threat be perceived, members of the dominant group may vary their speech style to symbolize their distinctiveness.

The situation in Kenya is complicated by the existence of two de facto national languages, English and Swahili. These languages and the sociocultural context in which they are used is the subject of the following discussion. Among the salient questions considered are, how was Swahili chosen as a national language? On what occasions is Swahili preferred to English? English to Swahili? And what cultural values are inherent in the use of the two languages?


The Role of Swahili and English in Kenya

The prominence of Swahili as a national language, according to Gorman (1974), increased after Kenyan independence in December, 1964. The parliamentary celebration of independence was occasioned by a speech in Swahili by President Kenyatta. It was on that occasion that a prominent member of Parliament, Dr. Waiyaki, commented (in Gorman, 1974),





There is no question now of deciding whether or
not Swahili will become the national language.
The President of the Republic decided for us and
we are committed to accept Swahili as the national
language. (446)


As a national language, Swahili has the distinct

position of promoting a sense of national identity for many Kenyans. Speaking and/or writing Swahili is symbolic of an individual's membership in the Kenyan Republic. As an African language, Swahili carries for individuals the connotations of "solidarity" as Africans, "brotherhood" in an independent republic free of colonial rule, and "neutrality" as Kenyans rather than Kikuyus, Luos, Mijikenda, etc.

Despite its de facto status as the national language of Kenya, the reality of Swahili's standing in Kenyan society is more complex. As Whiteley (1974) points out, situations of multilingualism abound in Kenya, especially in the cities and towns, where the means of communication are sufficient, where personal mobility is high, and where there are linguistically heterogeneous communities. Eastman (1981:20) further acknowledges that not only is there a "trifocal language situation" in modern Kenya (an interplay between English, Swahili, and numerous ethnic languages), but the status of Swahili itself has evolved to the extent that there are two, and perhaps three, distinctive dialects spoken in Kenya (diglossia). According to Eastman, the high










diatype, known as Kimvita, "is characterized by a strong grammatical and literary tradition" (20). The low diatype, used primarily for communication between people of widely divergent linguistic backgrounds, is an admixture of standard Swahili and local languages and/or linguae francae. As Eastman (1984:299) states,


For people who have been educated in Swahili, or whose parents were and they now have it as their first language, the general Swahili variety they
mean when they say they know Swahili is the
standard (high diatype). For people who learned
Swahili in multilingual towns or villages as a way
to communicate with people with whom they had no
other mutually intelligible language in common, the general Swahili variety they mean when they
say they know Swahili is a pidginized (Mixed) form
and, in particular, a form geared to the purpose
they have in using it or to the people with whom
they need to use it. (298)


A third variety, the old standard Swahili (the language of those who perceive themselves as being Waswahili ("Swahili people") exists. But, as Eastman points out, it is spoken primarily by speakers whose Ll is Swahili. Eastman, in a 1984 study, concludes that the growing number of speakers who both promote and actually use the high diatype (Kimvita) are educated, non-native speakers of Swahili, while non-educated, non-native speakers are likely to use the low "mixed" diatype.

The data presented and analyzed in Chapter Six (see below), seem to both support and disconfirm Eastman's conclusions. Two of the experimental respondents, both


W










highly educated, spoke the high diatype Kimvita. They indicated, however, that they seldom speak Swahili in everyday conversation. However, they both stated that they had taught Swahili, and were more accustomed to using the "proper standard" Swahili (in this case, Kimvita) with their students. By contrast, two of the experimental respondents, also both highly educated, non-native speakers of Swahili, spoke a pidginized form of Swahili, indicating that they too rarely use Swahili, and only when communicating with people from different linguistic backgrounds, especially with persons of lower socio-economic status. The data appear to exhibit a pattern whereby the Swahili diatype chosen by educated, non-native speakers is partially driven by contextual-cum-pragmatic variables. If a speaker is conversing with another educated person, and the interlocutor chooses Swahili as the code, that speaker will likely use a high diatype (usually Kimvita). At the same time, if an educated speaker is conversing with someone who lacks education, the code chosen will probably be a mixed variety of Swahili. More research needs to be done in order to confirm or repudiate this pattern.

The choice to use the high diatype of Swahili or the mixed (low) code is partially determined by ethnic makeup. According to Parkin (1977), ethnic groups in Kenya continue to maintain a high degree of distinctiveness. An individual's ethnicity provides a filter through which


I





50

people understand who they are. Moreover, ethnicity equips individuals with a recognition of their unique place in society. Consequently, an individual's close friends are likely to be chosen from among one's own ethnic group. As Parkin's research demonstrated, this is true even for those individuals living in large metropolitan areas. The type of Swahili code chosen, accordingly, will be determined by the extent to which the group using the code views themselves as being distinct from out-groups. In other words, as Parkin discovered, Luo groups in Nairobi will speak a mixed variety of Swahili, which is interlaced with Dholuo, lexemes, when they wish to assert their group distinctiveness.

In contrast to Swahili's general position as a middle diatype in a triglossic culture, English represents the language of progress and education. According to Whiteley's research on Kenyan multilingualism (1974), few non-Bantu speakers claim a high degree of proficiency in Swahili because there is more incentive for them to learn English than Swahili, especially in cities and towns. Furthermore, there appears to be a fairly strong aversion among non-Bantu speakers to learning Swahili. Among Bantu speakers, although a sizable percentage claim proficiency in Swahili (over 80%), an equally large percentage claim proficiency in English. What these findings (supported by Parkin, 1977) appear to indicate is that Swahili and English are in competition, with English being appropriated as the language





of upper class professionals and middle class civil servants, the highly educated, and the upwardly mobile. Swahili, by contrast, is the language of "blue-collar workers." Parkin argues that English may even be a longterm threat to Swahili in the towns and cities due to the flood of young, educated, English-speaking migrants from rural areas.

In summary, the position of Swahili in the Kenyan

context can be viewed in two distinct ways, which may, at first glance, appear paradoxical: 1) Swahili is an important champion of national unity and African identity, and 2) the use of Swahili indicates an individual's social status in the culture. These two facets of the role of Swahili in Kenyan society were confirmed during my visit to Kenya in 1988. At the University of Nairobi, an auditorium full of young students listened to political speeches in Swahili concerning the importance of being "African," the importance of supporting one's Kenyan identity over one's ethnic designation. Outside the auditorium, students were milling about talking to one another in English about a lecture they had just heard, about the world political situation, and about their future plans and goals upon graduation from the university. That very afternoon, back at the hotel, the manager, who was Kikuyu, was severely berating one of the employees, a Luo, for his laziness and inefficiency.





Although both regularly conversed with each other in English, the manager used Swahili to rebuke the employee. The Role of the Press in Kenya

In the discussions above, it has been demonstrated that the notion of ethnicity plays a powerful role in Kenyan society. Moreover, communication among individuals or groups of individuals is often complicated by ethnic values. The question remains, however, is ethnicity a significant issue in the Kenyan press. I will argue, using data from the Swahili-language weekly, Taifa Weekly, that stories highlighting national goals supersede ones involving ethnicity. I will posit that, although stories overtly concerning Ilethnicity" are rare in the Kenyan press, when incidents involving ethnic groups warrant press coverage, they are almost without exception the edition's lead story.

In order to establish a basis for analyzing the Kenyan press' philosophy toward the overt coverage of ethnicity, we must examine African press values in general. Ochs (1986) argues that the African press is guided by four predominant values: "psycho-political security," "ideological kinship with neighboring countries," "imperatives of national policy," "serving the national image."

Conditions of political instability in post-colonial Africa generated among government and press organizations (which are, in many cases, official "mouthpieces" for the





government or ruling party) the need for reassuring news. Even in Kenya, where the two largest circulating dailies, Daily Nation and Taifa Leo, are foreign owned, and where the press enjoys relative "freedom" to print news critical of the government, the overwhelming number of stories are favorable to the government or heavily edited so as to be fairly devoid of politics. In the main, the Kenyan press adheres to a philosophy of the role of the press established by the late President Jomo Kenyatta in a 1978 speech.


The influence for good exerted by the press should be rooted here in the desire to inform and inspire
the people. The press should positively promote
national development and growing self-respect.
And the press should always seek to coalesce,
rather than to isolate, the different cultures and
aspirations and standards of advancement which
make up our new nation. (in Wilcox, 1987:574)


Although it may be admirable to suggest that the Kenyan press continues to be guided by such lofty ideals, the reality of the situation is quite different. Journalists, especially those who work for the foreign owned Daily Nation and Taifa Weekly/Leo, are often harassed and imprisoned for writing stories critical of governmental policy. Ochs (1988) reports that six journalist from Daily Nation were detained for six days in 1981 for violating one of the press control laws. Daily Nation had been critical of the government's handling of a nation-wide doctors strike. Shortly afterwards, President Moi stated,





The persistent rebellious attitude of those
concerned with the selection of editorial matters within the Nation newspapers cannot be viewed as
being in the interests of the state. They can
only be described as sectarian and tribally
motivated. (in Ochs, 1988:21)


Moils statement is particularly significant in light of this present discussion. Matters of ethnicity are viewed, at least officially, as being contrary to national goals of unity and modernity. It would follow, given the fact that the Kenyan press prints stories largely favorable to the government or risk reprisals, that overt news stories regarding ethnicity would not be among their highest priorities, unless either the content of the story was out of the ordinary or involved prominent figures, both conditions of which were fulfilled by the Otieno episode.

The second value suggested by Ochs is, what he terms, the "community of interests." Basically what is meant by "community of interests" is intraregional affinity. African press organizations feel "an ideological kinship" with those of neighboring countries, and will more likely highlight African stories, especially those involving interregional neighbors, than stories from non-African nations. This value is significantly manifest in the Kenyan Press. During the period between January 3 and December 19, 1987, Taifa Weekly ran 18 front page stories which can be classified as "foreign" news. Of those 18 stories, only three involved non-African states. And of the 15 "African" articles, 9





55

covered situations in East Africa (8 concerning Uganda, with which Kenya was having a major dispute). The remaining six articles all pertained to such inter-African conflict situations as the Libya-Chad war, the assassination of the President of Burkina Faso, the death of President Bokassa of the central African Republic.

I would argue that the third and fourth values,

suggested by Ochs, are interrelated, and for our discussion will be addressed together. Ochs argues that the African press places a great deal of emphasis on the "imperatives of national policy," and "serving the national image." Editorial policies of many (if not all) African press organizations favor stories which view the nation in a positive light. This value appears to hold throughout Africa, whether the press is considered generally independent of governmental control (such as the Nation newspapers of Kenya), or whether the press organization is the "mouthpiece" of the government in power (such as Kenya Times, which was established by President Moi as the official newspaper of the ruling KANU party).

The salience of this value was tested by surveying the front page articles of the 1987 offerings of the Swahililanguage weekly, Taifa Weekly (see above & Table 2.1). In all, 196 stories were surveyed vis-&-vis their major topic. Articles were then categorized as follows: politics, ethnicity, crime, human interest (which includes disaster










Table 2.1: SUMMARY OF TAIFA WEEKLY ARTICLES

POL. ETH. CRIME HUMAN WORLD ECON. OTHER

#art. 96 13 36 13 18 13 7
%art. 49 6.6 18.4 6.6 9.2 6.6 3.6
#lead 26 12 6 1 3 1 1
%lead 52 24 12 2 6 2 2


stories (automobile accidents, airplane crashes, fires, drownings etc.), world events, economics/business, and others (sports, stories about religion and the church).

The survey revealed that of the 196 articles surveyed, 96 stories (48%) concerned national politics. Moreover, 40 of the 96 stories directly pertained to President Moils activities as President of the Republic. The majority of these included highlights of speeches made to various political and trade organizations and civic groups.

The full significance of political stories in Taifa

Weekly can be discerned from the number and percentages of leads afforded to political articles. As Table 2.1 evidences, 26 lead articles (out of 50 editions surveyed) or 52% pertained to political situations.

The survey also revealed some interesting results

concerning the general status of ethnicity in the press. Table 2.1 indicates that Taifa Weekly covered the Otieno episode as a lead article (characterized by 80 point type headlines, and located right under the newspaper










identification banner) on 11 occasions while the case was making national news (January 3 - May 23, 1987). After the May 23rd edition, ethnic issues were not included in front page stories again until October 31. On that occasion, the lead article described a speech by President Moi, wherein he decried ethnicityt" in politics. Moi indicated that he was convinced that ethnic partisanship was at the root of national disunity, and he called on all politicians at both the national and local levels to cease interjecting ethnic values into political action. Instead, he said, Kenyans need to espouse "oneness" and "unity." After this story, ethnicity was not mentioned again on the front page for the remainder of the year.

During the Otieno, affair, interestingly, Taifa Weekly continued to run stories describing President Moi's activities, as well as the ongoing political activities of the nation. However, not at any time during this period did Taifa Weekly print reactions by political functionaries (especially President Moi) to the Otieno episode. It seemed as if Taifa Weekly wanted (or expected) the reader to believe that the Otieno episode was a separate issue from the sociopolitical life of the nation. But as The Weekly Review intimated in a May 22, 1987 exclusive, the Otieno episode evoked considerable debate judging from the reactions of a number of Members of Parliament interviewed immediately after the final judgment was rendered. one such





Member of Parliament, Dr. Josephat Karanja, MP for Methare, stated,


As soon as Parliament resumes, I am going to put
the burial matter on the order paper again. It is
quite clear that the laws as applied now are
discriminatory to widows. I think we ought to
have laws governing the disposal of people's
remains so as to indicate, whenever possible, who should be responsible for the burial of a spouse.
. . . The main thing is to bring customary laws within the ambit of written laws. I know it is
not going to be easy because people have very
divergent views and backgrounds. (25)


Is ethnicity, therefore, a significant issue in the press? In general, probably not although I would argue ethnicity remains a covert issue. However, the complete answer to this question hinges on the extent to which episodes in which ethnicity is the most important causative factor (perceived or real) impact the political system of the nation. Ethnicity can be used as a convenient defense for sociopolitical unrest. This was evidenced in a recent editorial in the English-language daily Kenya Times, the official "mouthpiece" of KANU. The editorial stated that the current dissension over the continuance of a one-party state in Kenya can be attributed to ethnic loyalties, especially among the Kikuyu (Wanyande, 1990, personal communication). Moreover, we have seen that the Otieno affair had an enormous influence on practically every facet of Kenyan life, politics, law, social customs, not to mention the "traditionalism" vs. "modernity" debate. It is





significant, that the Kenyan Press, in this case, Taifa Weekly, chose to report only the details of the trial itself. Notably absent were stories covering the reactions to important legal decisions by significant political figures. What appears to be operating are journalistic values (manifest in editorial policies) which emphasize security amid threats to the social fabric of the society, and a national policy of unity amid diversity.


Conclusion

This chapter has been dedicated to cataloging and

analyzing a variety of sociocultural features inherent in Kenyan society in general, and in the Otieno episode in particular. I have demonstrated that ethnicity is an important factor in virtually every sphere of Kenyan life, most especially politics. Conflicts between Luos and Kikuyus, which have deep historical roots, are primarily exhibited in the political arena as a competition for political power and in the economic sphere as a competition for goods and services. The Otieno episode simply brought into focus deep-seated ethnic rivalries.

I have also shown that ethnicity affects not only

communication between individuals and groups, but it also influences language choice, especially the choice between Swahili and English.










Finally, a number of journalistic values common to the

African press were discussed in terms of their pertinence to the Kenyan press. It was shown that these values affected the way Taifa Weekly reported the Otieno episode vis-&-vis political and other events in Kenyan life.

As we shall see as the discussion progresses, these sociocultural factors directly influence the linguistic analysis of press discourse. Moreover, as will be demonstrated in Chapter Six, values pertaining to ethnicity as well as opinions concerning the role of the press in society motivate newspaper readers' interpretation of stories relating to the Otieno episode.


Notes


'According to Wanyande (communication), the 1980
official Kenyan census, slated to be published soon after the data was compiled, was declared null and void by the government due to counting irregularities. Population figures of some ethnicities were inflated to increase their representation in the Kenyan Parliament. Therefore, the census figures of 1979 are the latest published population statistics available.
2 This may be a partial explanation for the fact that
Mrs. Otieno received very little overt support from Kikuyus (Kimani wa Ngoju & K. Kazungu, personal correspondence). During the protracted Otieno episode, neither the Daily Nation nor Taifa Leo/Weekly made any mention of community support in the form of harambees (fund raising events) on behalf of Mrs. Otieno. Both newspapers did, however, mention clan fund raising activities for legal services incurred by Luo litigants.





CHAPTER THREE
COGNITIVE VARIABLES IN DISCOURSE ANALYSIS


While the focus of Chapter Two was on those contextual variables which influence communicative events, Chapter Three examines the role of human cognition, specifically "schema theory (framing), in the understanding and interpretation of discourse.

Events in the lives of human beings do not occur in

isolation. The very nature of an "event" presupposes that it was experienced by one or more persons who interpreted the circumstance in a particular way vis-a-vis their own world view. The Otieno episode, for instance, would probably not have generated such controversy had various individuals not understood the event from widely conflicting view points. In other words, what created saliency in the Otieno episode was neither the death of Mr. Otieno nor the necessity of interring his body. Rather, what made a commonly occurring, natural event a controversy was what the witnesses to the event perceived as being important, i.e. traditional Luo law in direct conflict with Western law. Therefore, to fully understand an event, it is necessary to not only have a broad understanding of the context in which the event happened, but also to comprehend how events are





interpreted and analyzed by human beings. To accomplish this it is necessary to understand the nature of human cognition. How is knowledge organized in the human mind? How are some concepts rendered relevant while others are deemed relatively unimportant? Some qualification is in order before the discussion cautiously proceeds. The nature of human cognition is a vast subject area. Although an immense literature concerning the nature of human cognition has been produced, the character and scope human knowledge is still speculative and controversial. This chapter deals with a single metaphor, "schema theory" (framing). It is presupposed at the outset that "schema theory" is simply a convenient metaphor for explaining how knowledge is organized in the human mind, but does not define the totality of human knowledge.

The goal of this chapter is to investigate the nature of "schema theory" (framing) and its effects on the production of textual discourse. I will proceed with an in depth examination of current research into the nature of schema theory, focusing some attention on how human beings process the information they perceive. Next, I will investigate the role of human cognition on the production and interpretation of written discourse, focusing specifically on a variety of semantic and syntactic variables. Further, I will show through the analysis of two news texts, one in Swahili and the other in English, that








63

the application of cognitive variables to written discourse has heuristic value cross-linguistically.


The Nature of Schema Theory


When journalists write stories covering events of interest, they utilize their knowledge of the world to interpret those events to the reading public. Likewise, when people read those stories, they use their knowledge of the world to understand them (cf. Potts & Peterson, 1989). One way of discussing how knowledge is organized is in terms of a networking of concepts called "frames" (Tannen, 1979).

When a certain concept is instantiated by a text, it is suggested that other related concepts within the frame network are also instantiated, some more highly activated than others (Deane, 1989). The point at which the network, or "frame," is entered determines which concepts are "foregrounded" and which are "backgrounded."1 The use of the term "foreground" in this case refers to those concepts which, in Chafe's (1987) theory, have been activated in the mind of the reader and do not require a great deal of time nor energy to process. Sperber and Wilson (1986) term this type of information "relevant."

The instantiation of highly salient, relevant concepts may activate the instantiation of other salient concepts viz. "spreading activation," a metaphor which attempts to





explain how concepts are connected in human cognition. According to Deane (1989),


Attention (within a frame) is represented
quantitatively as the degree of "activation" of a
concept; thus, the more active a concept is, the
nearer it is to the focus of attention.
Furthermore, the theory claims, activation tends
to spread from a highly active concept to its
neighbors in the conceptual network. For example,
if I am focusing my attention on a house, I am
also paying attention to its roof, since the two concepts are connected to each other in semantic
memory. (36)


If an activated concept is mentioned several times, or is continued throughout the text (usually by means of anaphorization), it is considered "entrenched" information. "Entrenched" concepts are considered foregrounded because they are easy to process since their subsequent mention continues to keep the concept activated in the mind of the reader.

"Background" information refers to those concepts which have been activated by the instantiated frame and are capable of being activated, but only at a cost of time and energy to the reader.

There has been a plethora of research recently into the nature of human cognition. Specifically, researchers have been interested in the representation of concepts in human memory and the strategies used to store and retrieve those concepts.





Tannen (1979) hypothesizes that frames, the

representation of information in memory, are what enable humans to make sense of events in the world. She argues that the foundation of the theory that human cognition is organized in terms of conceptual networks is,


The realization that people approach the world not
as naive, blank-slate receptacles who take in
stimuli as if they exist in some independent and
objective way, but, rather, as sophisticated
veterans of perception who have stored their prior
experiences as an organized mass, and who see events and objects in the world in relation to
each other and in relation to their prior
experience. This prior experience or organized
knowledge takes the form of expectations about the
world, and, in the vast majority of cases, the
world confirms these expectations, saving
individuals from having to figure things out anew.
(144)


To confirm the theory that not only is human cognition organized in terms of conceptual networks of information learned through human experience, but that these networks are organized hierarchically, she asked a group of native Greek and English speakers to recall events from a short film they had been shown. She found that the respondents not only frame the information presented to them, but they also construct contextual frames which interact and overlap with the informational frame. These contextual frames include the respondents' attitudes toward participating in an experiment, being tape recorded, being interviewed, and the environment in which they were interviewed. Contextual





66

frames, she concludes, affect responses to recall tests and must be considered in the analysis.

Further, Tannen asserts that a person's expectations of an event impacts their recall of the event. Respondents cannot recall everything. Rather, they will remember those concepts and events which are salient to their expectations of the story. Respondents may exclude an event from recall that another respondent views as being central, and vice versa. Tannen found that respondents were selective in what they chose to omit and include, sometimes choosing to insert descriptions of events which were not a part of the film.

selective memory is an important factor in the

production of news texts. A journalist covering an event cannot possibly report every single detail. Rather, he/she will include or highlight details which best fit the schema or slant he/she has decided to convey. The final product, i.e. news text, will "possess" implicit and explicit knowledge about the writer's perspective and convey the writer's sociopolitical perspective on the event (cf. Freedle, Naus, & Schwartz, 1978; Frederiksen 1978). For example, a lead article appeared in the May 2, 1990, edition of the Gainesville Sun which covered a collision between a bus and a car. No one was seriously hurt on the bus but a passenger in the car was killed. In the story's lead, the reporter included the major details of the story but interpreted the accident from the point of view of the





occupants of the bus rather than the car, even though the occupants of the car fared far worse than those in the bus. To understand, albeit partially, why the reporter chose this particular point of view, it is necessary to consider the larger context of this particular situation. Two years ago there was a fatal bus accident in Levy County (adjacent to Alachua County, of which Gainesville is the county seat). The Gainesville Sun not only ran the story as its lead in the edition immediately following the accident, but also ran a series of articles on bus safety. In other words, in the aftermath of the Levy County tragedy, the press created a heightened sensitivity among residents of North Central Florida to accidents involving busses loaded with school children. The slant of the Sun's reporter in the May 2 article is reflective of both the serious nature of this particular accident itself, and of school bus accidents in general, especially since there was the potential that the accident could have been much worse.

Tannen concludes that information is not only organized in terms of conceptual frames, but that these frames are interactive and hierarchical, some networks being more central than others depending upon the intention of the respondent.

An important study concerning the nature of cognitive processing was conducted by Shiffrin and Schneider (1977). Like Tannen, Shiffrin and Schneider argue that human memory










is a large collection of interrelated networks of concepts which are established though the learning process. These interrelated networks, according to Clark and Haviland (1979), are contained within long term memory, and are available for activation.

Some of these networks and their related concepts are easier to retrieve than others. Given a particular input, certain networks will be "automatically" activated every time that input is present. Activation vis-&-vis "automatic processing" is extremely fast, almost instantaneous. An anecdotal example may be illustrative of automatic processing. Not long ago I had a conversation with a Tanzanian friend from Bukoba, a town in the northwestern part of Tanzania near Lake Victoria. I mentioned the fact that I had met and spoken to "Okoth-Okombo" regarding the Otieno episode. My friend replied, "Okoth-Okombo should know about it since he is a Luo." In other words, the mere mention of the name "Okoth-Okombo" activated into my friend's consciousness a network of concepts wherein "Luo" was the most relevant. The reason I believe the name alone activated the network is because my friend neither knows Okoth-Okombo personally, nor is she familiar with OkothOkombo's work on the Otieno episode.

Shiffrin and Schneider (1977) further distinguish a

second type of processing they term "controlled processing." Controlled processing is the temporary and sequential





activation of a network of concepts into short term memory. Because, as Shiffrin and Schneider speculate, human beings are limited capacity processors, only one such network can be activated at a time without interference from other concepts (cf. Chafe, 1980). In contrast to automatic processing, controlled processing, according to McLaughlin (1987), is not "a learned response," and is not accomplished without costs in time and energy.

According to Shiffrin and Schneider (1977), concepts become automaticized, i.e. available to be automatically activated given the right input, through first being regulated by controlled processing. In other words, concepts must be activated in short term memory repeatedly in order for them to be learned and become an established part of a person's conceptual framework. Once a concept becomes ensconced within a conceptual network in long term memory, that concept has the potential of being activated by automatic processing with relatively low time and energy costs.

Research by Abbott et al. (1985) support and extend the work of Shiffrin and Schneider. According to Abbott et al., information is organized in memory such that readers have access to relevant information while ignoring unimportant material. The authors term this organization "scripts" which corresponds to the "conceptual nodes" proposed by Shiffrin and Schneider. "Scripts" represent the knowledge





of commonplace, well-practiced stereotypic events persons have experienced over time. When one concept is activated, others are also accessed. Chafe (1980) designates this process "idea unit" activation.

Consider one such script, "reading the newspaper." For example, a regular reader of one or both of the Kenyan dailies, Daily Nation and Taifa Leo, "knows" that the headline together with the first paragraph of a story, or "lead," summarizes the main point of the article. It is probable that the reader also "knows" that the lead article occurs on the front page, midway down, bordered by a photograph. Moreover, the lead story's headlines are larger than those of the other stories on the page. Therefore, when a reader picks up a newspaper, his/her attention is immediately drawn to the lead article's headline and lead, because he/she "knows" how to read a newspaper, i.e. how to glean the most important information without expending an abundance of time and energy in the process. Scripts, such as reading the newspaper, are significant in human cognition because, without some mental representation of stereotypical actions and events, humans would expend a significant amount of time executing even the most mundane task.

How scripts are arranged in memory is a question with which Abbott et al. deal significantly. They argue that three possibilities exist. The first is that information is serially ordered in memory. That is, "each event is linked





to prior ones in time" (182). When an event is accessed, related events prior and/or subsequent to the accessed event are also activated. A second possibility exists that scripts are organized hierarchically. Events are broken down into component superordinate actions called "scene headers." These are further divided into sub-actions which consist of detailed actions pertaining to the scene header. The third possibility is that scripts are multiply organized, that is arranged both serially and hierarchically. Abbott et al. argue that representations of scripts in memory are ordered hierarchically as opposed to serially. They show through a series of memory tests that people tend to remember events mentioned "high in the story hierarchy." In other words, their subjects recalled superordinate categories far more frequently than subordinate categories.

Research by Clements (1979) supports the findings of

Abbott et al. According to Clements, activated information is ordered hierarchically. "An old topic (i.e. information which has previously been instantiated) retains the level of its previous mention, while a new topic (i.e. information which has just become activated through controlled processing) is placed one level below (instantiated information)" (290). Clements further argues that writers choose participants/entities a reader may easily activate and keep instantiated (through automatic processing). The





choice of these easily instantiated entities, according to Downing (1980), is often based on such "subjective" cognitive factors as: the writer's background (and/or editorial policy of the newspaper), the writer's perception of the background of the reader, the writer's attitude toward the event or person being discussed, and the writer's goal in producing and maintaining objectivity.

A study conducted by van Dijk & Kintsch (1983)

demonstrates the relationship between human cognition and written discourse. According to van Dijk & Kintsch, concepts are represented in memory as networks. Upon encountering new information, a reader will search (unconsciously and instantaneously) his/her memory for the concept or a related concept. If the concept or a related one is found, it will be activated into short term memory along with related, relevant concepts. The concept will remain active as long as the discourse continues to highlight it. If, on the other hand, a search of the reader's memory does not produce the concept frame, the reader will attempt to incorporate it into his/her memory store (cf. Dell, McKoon, & Ratcliff, 1983). New information has a higher probability of being processed if it becomes relevant information in the discourse, or if the concept is related to a relevant topic.

Regarding instantiated information, van Dijk & Kintsch posit that participants/themes referred to more than once





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are likely to be more accessible in terms of less processing time, and are more likely to become integrated into the reader's long-term memory store (cf. Morrow, 1985). Participants which are referred to a single time will likely not be processed into long-term memory. Van Dijk & Kintsch conclude that the process of discourse comprehension, that is, searching long-term memory for related concepts and integrating new information into the cognitive network system, "results in a mental representation of the utterance which is a model of the state of affairs being described" (121).

The conclusions reached by the research reviewed and

analyzed above are appealing from that standpoint that they all support the notion that human knowledge ("knowledge of the world") is organized in terms of networks of interrelated concepts, or "frames." The notion of framing is significant in that it serves an important link between events in the real world, persons' perceptions of those events, and the manner in which texts are composed and interpreted. The following section will discuss the connection between cognitive conceptual networks and










semantic hierarchies employed in news text production and

interpretation.


The Nature of Human Coqnition and Semantic Hierarchies


To illustrate how cognitive framing functions in press

discourse, consider the following scenario. Suppose a

Kenyan reader or a reader knowledgeable about Kenyan culture

reads the following article in the Kenyan press describing a

traffic fatality.


(1) Dereva wa jeshi afariki ajalini Lamu
(adapted from Taifa Weekly, Monday, July 18, 1987)

Dereva wa jeshi aliuawa na wengine wanne
wakajeruhiwa vibaya wakati lori waliokuwa
wakisafiria lilipopinduka katika Mokowe karibu na
Lamu, alhamisi.
Kulingana na habari, dereva anayetolewa Juma
Okoth-Ogendo alifariki papo hapo hali wengineo
walipelekwa hospitali ya Lamu na kulazwa wakiwa na majeraha mabaya. Wawili kati yao walipewa matabibu
dharura na kusafirishwa kwa ndege hadi Mombasa
jana kwa matabibu zaidi.
Kilichosabibisha ajali hiyo hakijulikana au
mahali halisi ajali ilipotokea.
Waliosafirishwa hadi Mombasa walitambuliwa
kuwa Joseph Kanjata aliye muuguzi na afisa katika
Huduma ya Vijana wa Taifa, na Bw. Juma Said.
Wamelazwa katika hospitali kuu ya mkoa, Mombasa na
hali yao haikujulikana mara moja.
Majina ya walolazwa Lamu hayakutambuliwa pia.


English gloss:
Army Driver Dies in an Accident in Lamu

An army driver was killed and four others
badly injured when the truck in which they were riding overturned in Mokowe near Lamu, Thursday.
According to reports, the driver, identified
as Juma Okoth-Ogendo, died at the scene while the
others were taken to Lamu hospital and were
admitted with serious injuries. Two of them were










given emergency treatment and flown to Mombasa
yesterday for further treatment.
The cause of the accident is not known nor the
exact location where the accident occurred.
Those taken to Mombasa were identified as
Joseph Kanjata who is a medic and an officer in
the Huduma wa Vijana wa Taifa, and Mr. Juma said.
They were admitted to the central regional
hospital, Mombasa, and their conditions were not
immediately known.
The names of those admitted in Lamu were not
identified either.


The mention of the accident (aiali) in the headline activates an "accident" frame which is informed by the readers past experiences with accidents. In other words, a number of conceptual networks will be automatically activated when aiali is mentioned. It is likely that the reader's accident frame consists of three interrelated networks, represented in (1).


(2) LOCATION

SITUATION/

TP ARTICIPANTS


As the reader scans the article, and as details about this particular accident are revealed, networks of relevant and backgrounded concepts are built by means of controlled processing. It is likely that the most highly relevant concepts are "participants" due to their status as paragraph topics. These concepts are topicalized as subjects of the majority of the sentences. As a result of mentioning the main participants in the accident, other salient concepts in










the participant frame are activated and have the potential of being called up into the reader's short term memory. The network in (3) is illustrative of the instantiation of concepts in the participant frame.


(3) PARTICIPANTSS.

THE ONE WHO WAS KILLED THE ONES WHO WERE INJURED

DRIVER PASSENGERS

JUMA OKOTH-OGENDO FLOWN TO MOM4BASA ADMITT6l IN LAMU

LUO---, JOSEPH KANJATA JUI4A SAID

LAKE VICTORIA NILOTES GIRIAMA SWAHILI
*The arrows indicating the activation of relevant concepts have been included in the diagram. The dual arrows designate highly relevant concepts within the frame network. The single arrows designate relevant but secondary concepts. Backgrounded participants are indicted by a single line. These diacritics will be used hereafter.


It is immediately apparent that Tannen's (1979) notion of levels of framing is important. Tannen suggests that language users not only produce frames instantiated by the immediate context, but also construct contextual networks which overlap and intertwine with foregrounded, relevant concepts. These frames include attitudes, values, and role relationships, concepts from the sociocultural context of the writer and reader.

Knowledge of the world and knowledge of context play an essential role in the construction of conceptual networks in that they determine which concepts will be relevant and










which will be backgrounded. In terms of the article above, the driver who was killed is identified as JUMA OKOTHOGENDO. Prior/learned knowledge of Kenya and its ethnic groups enables some readers to identify Mr. Okoth-Ogendo as a member of the Luo group. Depending upon the depth of the reader's knowledge of the Luos, further instantiations in the frame are possible, such concepts as LAKE VICTORIA or KISUMU (important sites bordering or in the Luo ethnic area) and NILOTES (designation of the Luo people re. the language they speak). The same can be said of the ethnic information of those injured in the accident, i.e. the concepts GIRIAMA linked to JOSEPH KANJATA and SWAHILI linked to JTJMA SAID. These concepts are secondary to the story, i.e. backgrounded, and constitute semi-active information (capable of being accessed) in the reader's mind. In order for these backgrounded concepts to become relevant information, the writer would have to mention one or more of them a number of times, coding them syntactically as highly continuous or identifiable topics (cf. Chapter Four). With further mention, reader may be able to processing these concepts with relatively little time or effort.

Having this notion of framing in mind, the question arises, are there concepts which by their very nature are easier, less costly to process? In other words, are there certain concepts belonging to particular semantic categories which are highly relevant and are more easily processed by


I










the reader? Two recent theories, one proposed by Michael Silverstein (1976), and the other by Susumu Kuno (1976), have important implications for the production and interpretation of textual discourse based on cognitive principles. Their heuristics can easily be applied to both Swahili and English discourse.

In an important study on the semantic features of split-ergative languages, Silverstein (1985) proposes a hierarchy of features which, when applied to languages exhibiting features of split-ergativity, accurately predicts those instances where ergative-absolutive case markers will be used, and those instances where nominative-accusative markers will be used.


(3) SILVERSTEIN HIERARCHY

MOST LIKELY TO BE ENTRENCHED

FIRST PERSON
SECOND PERSON
PROPER
HUMAN
ANIMATE
INANIMATE

LEAST LIKELY TO BE ENTRENCHED


Although Silverstein's hierarchy is a useful predictor of case marking in split-ergative languages, it has wider applications. I would suggest that it is a useful bidirectional heuristic for explicating the nature of conceptual relevance in human cognition. If, according to








79

the Silverstein hierarchy, first and second person indexical pronouns as well as proper and human nouns are more likely to be marked in the ergative case (representing the semantic agent of a transitive verb), it is highly probable that these participants would be entrenched or foregrounded in the reader's mind. Likewise, those participants lower on the hierarchy, marked absolutive (semantic patient/syntactic subject of an intransitive verb), would be less likely to be foregrounded or instantiated in the reader's mind.

The predictions which the Silverstein hierarchy allows us to make correspond nicely with the heuristic developed by Kuno. Kuno (1976) proposes a "hierarchy of empathy," which is a representation of the writer's attitude toward the participants in an event. "Empathy" can be likened to "camera angles," whereby a writer will choose to focus upon a certain participant in one instance and another in a different context. Kuno, in a study he co-authored with Kaburaki (1977), gives the following examples to illustrate the concept of empathy:


(4) a. John hit Mary.
b. John hit his wife.
c. Mary's husband hit her.
d. Mary was hit by John.
(Kuno & Kaburaki, 1977:627)


In (4a), the writer chooses to report the event "objectively," that is, the camera is placed at some distance from John and Mary" (627). Without the context to





further explicate the sentence, neither participant is in more obvious focus that the other. However, in (4b), "John" is in closer focus due to the fact that he is mentioned by name. The reference to "Mary," on the other hand, is made in terms of John. The focus is reversed in (4c). The writer has chosen to put Mary into sharper focus by referring to her by name as a possessive referent in the initial NP. "John" is viewed vis-a-vis Mary. Finally, through passivization in (4d), the writer expresses an attitude toward the participants by fronting the object into the grammatical subject position, and by backgrounding the logical subject in a by-phrase. The camera is placed closer to Mary than John.

Through his work with both Japanese and English, Kuno proffered certain assumptions regarding the nature of empathy in discourse. Concerning the issue of old and new information, he asserts the following:


(5) It is easier to empathize with arguments already
in the active file of the writer (topicalized
arguments) than with arguments just activated or
introduced into the narrative.


The reader will have much less difficulty focusing upon participants which, after having been introduced into the narrative, are mentioned several times. Readers are capable of automatically processing continuous or highly identifiable participants, while participants just










introduced into the narrative require processing time. Kuno's contention is supported by Lorch, Larch, and Matthews (1985) who experimentally showed reading times to be significantly shorter if a newly introduced topic is directly related to the preceding topic. Conversely, reading times were notably slower when the new topic had no relation to the preceding topic.

To illustrate, consider the following example from McGarry (1988).


(6) Mr. Otieno is survived by a wife, four sons, five
daughters, six foster children, and two
grandchildren.


This sentence appeared midway through the December 20, 1986, Daily Nation article which announced the death of the prominent Nairobi attorney, Mr. S.M. Otieno. The first mention of Mr. Otieno in the story's lead creates a conceptual frame work in the reader's mind which includes the identity of the main participant, i.e. Mr. Otieno's name, and the action effected upon him, he died. As the narrative about Mr. Otieno continues, the reader is able to automatically process references to him. Moreover, readers will have little difficulty constructing a "surviving relations" frame because it is connected, albeit secondarily, to the highly instantiated, foregrounded concepts of the discourse, i.e. Mr. Otieno and died. This interrelationship is diagrammed in (7).











(7) S.M. Otieno < > Died

Kinship Relations Place Cause

Wife Blood Children/Grandchildren Fo ter Children Four Sons Five Daughters Two Grandchildren


Fronting the "relations," however, renders the sentence semantically strange because it violates the intended degree of reader empathy.

(7) ?A wife, four sons, five daughters, six foster
children and two grandchildren survived Mr.
Otieno.

? refers to the violation of reader empathy. The
sentence is grammatical.


The sentence in (7) is both syntactically strange

(because of the length of the subject phrase) and, I would argue, a bit difficult to process because the participants identified by the article are not within the scope of the reader's accessible information, i.e. they are not components of the reader's long term memory. Therefore, they cannot be foregrounded, entrenched information. The reader's frame pertaining to death likely contains the concept that dead persons are survived by their relatives. However, the mention of the death of Mr. Otieno in the narrative does not automatically instantiate his wife, children, foster children, and grandchildren into the reader's active memory. Reviewing a number of obituaries in





Daily Nation (1987), 1 found that writers generally listed the deceased first followed by his/her survivors.

By extending Kuno's hypothesis, it is possible to

derive a more complete theoretical perspective with which to analyze participant/theme entrenchment and relevance within written discourse. Moreover, these extensions enable the further manifestation of the interrelationship which exists between Kuno's notion of empathy and the Silverstein hierarchy.

The first extension concerns the status of semantic participants in a sentence. Kuno (1976) argues,


(8) It is easier to empathize with semantic agents,
next with semantic patients. It is almost
impossible to empathize with participants in by
phrase-agentives.


By extension therefore:


(9) It is easier to empathize with human elements than
with inanimate elements.


Giv6n (1984) argues that agents are usually "conscious" participants in an event in that they initiate or are responsible for some type of action. If agents participate consciously in an event, they must also be volitional activators of change, since volitionality is a conscious mental state. Agents, therefore, generally possess the semantic feature + human and are more highly salient in terms of frame concepts than those participants which





possess the features - human, + animate, or + inanimate. 2 The examples in (10) below illustrate the contrast between human agents initiating change and instruments affecting objects (cf. Fillmore, 1977).


(10) a. John opened the door.
b. The key opened the door.
c. The wind opened the door.


John, in (10a) functions as the semantic agent in that he volitionally initiates the action of opening the door. The door does not open by itself nor does it open by happenstance. Some human participant has made a conscious decision to perform the act of opening. In (10b), "the key" functions as the instrument by which the door is opened. "The key" did not consciously nor volitionally open the door. Rather, "the key," according to Fillmore (1977), is the indirect cause of the action of opening. The case of (10c) is a bit more complex. As Fillmore postulates, the role of "the wind" is distinct from either agent or instrument. It is a self sufficient force neither manipulates nor is manipulated. The data in (10) suggest that the most significant participant/themes in terms of cognitive instantiation are those which directly initiate some action. The degree of thematic importance decreases with the lack of initiation and volitionality. This conclusion concurs with the hierarchy in (11), proposed by Giv6n (1984):











(11) Topic Saliency Hierarchy AGENT > DATIVE > PATIENT > LOCATIVE > INSTRUMENTAL > MANNER most salient < >least salient

Since, as Giv6n (1984) has suggested, agents are most likely to become sentential topics, and since it is easier to emphasize with topical agents than with patients, it follows that, in languages like Swahili and English, sentential subjects have the highest potential of becoming highly entrenched and relevant than sentential objects since agent topics occur most frequently in sentential subject position.

In summary, information which possesses certain semantic features seems to be more capable of being entrenched in the active memory of the reader than do participants lacking these features. I would propose the following consolidated semantic hierarchy which captures these notions:


(12) MOST LIKELY TO BE ENTRENCHED/FOREGROUNDED

FIRST PERSON
I INDEXI CAL
SECOND PERSON
PROPER AGENT
HUMAN DATIVE
ANIMATE PATIENT
INANIMATE

LEAST LIKELY TO BE ENTRENCHED/BACKGROUNDED










The proposed hierarchy in (12) enables us to make predictions concerning the relationship between a participant/theme's status in the semantic hierarchy and its syntactic coding. The first prediction that can be proposed is that nominals marked in terms of "humanness" or "animacy" have a higher topical and/or focal status in the syntactic structure of discourse. This prediction is useful for a morphologically rich language like Swahili. Consider the following:


(13) SWAHILI NOMINAL SALIENCY HIERARCHY

FEATURES CONCORD ENTRENCHMENT VALUE

" HUMAN MU/WA HIGHEST
" ANIMATE

- HUMAN MU/MI
" ANIMATE

" INANIMATE KI/VI
" COUNT

" INANIMATE JI/MA
" QUANTITY

" INANIMATE U1
" MASS

" INANIMATE U2
+ ABSTRACT/STATE LOWEST




A further class of nouns, the "IN" class (classes 9 &

10), have been omitted from the table above. The "IN" class presents particular categorization problems because it is an










omnibus category. Most foreign borrowings are placed in this category, regardless of their semantic features.

Nominal morphology in Swahili, and in Bantu languages in general, is classified in terms of features which distinguish animate from inanimate, count from quantity, quantity from mass, and mass from abstractive or state nouns.

The prediction that human and animate nouns are more

highly entrenched and/or focal is borne out in the following data sample.


(14) a. Jana, nilimwona rafiki yangu.
Yesterday, ist subj-past-3rd obj-verb friend my
"Yesterday, I saw my friend."

a' *Jana, niliona rafiki yangu.

b. Baba Juma atamlipia Fatima ada za shule.
Father Juma 3rd sub-fut-3rd obj-benef-fv Fatima fees
nom concord-of school
"Juma's father will pay Fatima's school fees.

b' *Baba Juma atalipia Fatima ada za schule.

c. Mtoto wa Juma alimtega samaki, lakini alimrudisha
ziwani.
child nom con.-of Juma 3rd sub-past-3rd obj-catch
fish, but 3rd sub-past-3rd obj-return-caus lake-loc.
"Juma's child caught a fish but threw it back in the
lake."

c' *Mtoto wa Juma alitega samaki, lakini alirudisha
ziwani.


Notice, in (14 a, b, and c), the object morpheme is present in the verbal complex. That Swahili requires marking human and animate objects in the verb complex


L








88

indicates that a certain degree of focus (empathy) is being placed upon those participants although they may not function as the sentential or even paragraph topic (if these sentences were placed within a discoursal context). The absence of the object markers in (14 a',b' and c') renders the sentences ungrammatical.

Conversely, the existence of the object marker in the verb complex is not required for inanimate objects. In point of fact, the presence of the object marker in these cases is highly marked and signals the special focus of their antecedents. Further, the presence of the object marker is a signal of special emphasis or focus is being placed upon the theme grammatically coded as the object. The object becomes a potentially relevant concept, which can be foregrounded in the reader's frame if the concept continues to be mentioned. Consider the data set in (15). What English accomplishes through such grammatical operations as left and right dislocation, Swahili realizes morphologically.


(15) a. umeziharibu suruali hizi.
2nd sub-perfect-object ref. suruali-ruin
trousers these.
"These particular trousers, you have ruined them."

a' umeharibu suruali hizi.
"You have ruined these trousers." (There is no
special emphasis on "trousers.")

b. tutazifuata hizo nyingine baadaye.
ist pl sub-fut-obj ref. hizo-follow those (things)
other later
"Those other things, we will come for them later."


0











b' tutafuata hizo nyingine baadaye.
"We will come for those other things later."


The sample sentences in (15a & 15b) are both

syntactically and semantically marked. As mentioned above, Swahili requires that animate objects morphemes be coded in the object slot of the verbal construct. The infrequent coding of non-animate object markers in the verbal construct (such as "zi"l above) signals the reader that the object antecedent is highly focused. In terms of the cognitive network evoked by (15a), the reader would process the "trousers" as the most highly instantiated element rather than the usual "person" who effected the action of ruining them (Der Houssikian, communication). Likewise in (15b), "those other things" would be the most highly instantiated concept in the frame.

Th e primed forms (15 a' & b') are considered unmarked in that the objects do not receive special emphasis. In these examples, the sentential subject is also the topic.

Special mention must be made at this point of the

relationship between the proximate demonstrative adjective and reader empathy. Consider again (15a') above:


(15a') umeharibu suruali hizi.


Apart from its communcative context, (15a') is well

formed syntactically and semantically. However, suppose the


k




Full Text

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EVALUATING INTERETHNIC CONFLICT IN THE PRESS: A CROSS-LINGUISTIC DISCOURSE ANALYSIS MODEL By RICHARD G. MCGARRY A DISSERTATION PRESENTED TO THE GRADUATE SCHOOL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY UNIVERSITY OF FLORIDA 1990

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Copyright 1990 by Richard G. McGarry

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ACKNOWLEDGMENTS In the process of writing this dissertation, I have been cared for by many who have, in large and small ways, encouraged me to believe that the process is not as dehumanizing as some would believe, listened to me when I've needed to rant and rave, supported me with helpful suggestions, chided me to be more diligent during "slump" times. Most of all they have just been there! To these I give my most heartfelt and sincere thanks. I want to individually thank members of my dissertation committee for their comments, support, and direction for the past two years: Andrea Tyler, Chauncey Chu, Robert Scholes, Donald Williams, Olabiyi Yai. Special thanks go to my chairman, Haig Der-Houssikian, for his tireless work and support on this dissertation project. His mentoring has, indeed, enabled me to better appreciate Africa and linguistics. His support has made the process of graduate studies both humane and enjoyable. But of all those who have had some involvement in this effort, my wife Carter deserves the most credit. Her patience with my impatience, her forbearance with my discouragement, her sharing in my victories has made the iii

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process worthwhile. It is to her I dedicate this dissertation. iv

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TABLE OF CONTENTS ACKNOWLEDGMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii LIST OF TABLES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . viii LIST OF FIGURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix ABSTRACT. . . . . . . . . . . . . . . . . x CHAPTERS ONE INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 The Otieno Case............................ 4 The Study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Pragmatic and Semantic Variables......... 6 Morpho-Syntactic Features................ 10 Methodology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART I: DISCOURSE ANALYSIS MODEL.............. 14 TWO CONTEXTUAL VARIABLES IN DISCOURSE ANALYSIS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Macrocontext. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Ethnicity and Interethnic Conflict......... 16 Ethnicity, Westernization, and Law in Kenya. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 The Role of Communication in Interethnic Conflict............................... 34 The Role of Swahili and English in Kenya. 46 The Role of the Press in Kenya........... 52 Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Notes...................................... 60 THREE COGNITIVE VARIABLES IN DISCOURSE ANALYSIS............................. 61 The Nature of Schema Theory................ 63 The Nature of Human Cognition and Semantic Hierarchies..................... 74 A Cognitive-Based Analysis of Two News Texts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 V

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Notes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 FOUR TEXTUAL FEATURES. . . . . . . . . . . . . . . . . . . . . . . 104 Review of the Literature................... 106 Definitions................................ 116 Structure of Press Discourse............... 122 Position and Topic Continuity in Press Discourse........................ 122 Initial position....................... 123 Medial position........................ 128 Final position......................... 132 Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6 Syntactic Structure and Topic Continuity............................. 137 Analysis of Syntactic Devices............ 139 Referential infinitive/zero anaphora... 139 Clitic pronouns, verb agreement/ pronouns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 KA tense............................... 143 Definite NP............................ 145 Passivization.......................... 149 KI tense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3 Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 Logical Connectors......................... 156 Topic Continuity and the Press............. 158 PART II: APPLYING THE MODEL................... 160 FIVE PRESS DISCOURSE DATA.................... 160 Objectives................................. 161 January 6, 1987......... . . . . . . . . . . . . . . . . . . . 165 Tai fa Leo. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Daily Nation............................. 188 March 26, 1987...... . . . . . . . . . . . . . . . . . . . . . . . 197 Tai fa Leo. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Daily Nation............................. 203 May 16 , 19 8 7 2 0 8 Taifa Weekly.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 Daily Nation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 Conclusion................................. 219 Notes...................................... 220 SIX ANALYSIS OF RESPONDENT DATA.............. 221 Nature of the Study........................ 223 Experimental Procedures.................... 229 Results and Discussion..................... 231 Attitudes Toward the Press................. 231 The Otieno Case............................ 235 Experimental respondent #1: Embu/Kikuyu.. 238 vi

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Experimental respondent #2: Luhya/Luo.... 241 Experimental respondent #3: Kikuyu....... 247 Experimental respondent #4: Luo.......... 249 News Story Recasts......................... 251 Experimental respondent #1............... 252 Experimental respondent #2............... 255 Experimental respondent #3............... 259 Experimental respondent #4............... 263 Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 7 Comparisons................................ 267 Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 5 SEVEN CONCLUSION............................. 277 APPENDICES A TAIFA LEO, JANUARY 6, 1987............. .... 280 B DAILY NATION, JANUARY 6, 1987.............. 283 C D E F G H I J K TAIFA LEO, MARCH 26, 1987 ... ............... DAILY NATION, MARCH 26, 1987 ...•........... TAIFA WEEKLY, MAY 16, 1987 ................. DAILY NATION, MAY 16, 1987 .. ............... RESPONDENT QUESTIONNAIRE .............. . .... SWAHILI CONTROL RESPONDENT # 1 .............. SWAHILI CONTROL RESPONDENT #2 ......•....... ENGLISH CONTROL RESPONDENT #1 ... ........... ENGLISH CONTROL RESPONDENT #2 ..........•... 287 289 292 298 301 304 306 307 308 L EXPERIMENTAL RESPONDENT #1................. 309 M EXPERIMENTAL RESPONDENT #2................. 311 N EXPERIMENTAL RESPONDENT #3................. 314 0 EXPERIMENTAL RESPONDENT #4................. 316 REFERENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 19 BIOGRAPHICAL SKETCH. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 8 vii

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LIST OF TABLES Table 2.1 SUMMARY OF TAIFA WEEKLY ARTICLES............ 56 3.1 FOREGROUNDING/BACKGROUNDING PARADIGM FOR ENGLISH AND SWAHILI. . . . . . . . . . . . . . . . . . . 95 4.1 SYNTACTIC CODING HIERARCHY.................. 139 4.2 SWAHILI TOPIC CONTINUITY HIERARCHY.......... 140 4.3 FREQUENCY AND CATEGORIES OF PASSIVES........ 151 viii

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LIST OF FIGURES Figure 5.1 TAIFA LEO, JANUARY 6, 1987.................. 176 5.2 TAIFA LEO, MARCH 26, 1987................... 199 5.3 DAILY NATION, MARCH 26, 1987................ 207 5.4 TAIFA LEO, MAY 16, 1987..................... 212 5.5 OAILY NATION, MAY 16, 1987.................. 218 6.1 RECAST NETWORK OF EXPERIMENTAL RESPONDENT #1............................. 254 6.2 RECAST NETWORK OF EXPERIMENTAL RESPONDENT #2............................. 258 6.3 RECAST NETWORK OF EXPERIMENTAL RESPONDENT #3............................. 262 6.4 RECAST NETWORK OF EXPERIMENTAL RESPONDENT #4............................. 266 ix

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Abstract of Dissertation Presented to the Graduate School of the University of Florida in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy EVALUATING INTERETHNIC CONFLICT IN THE PRESS: A CROSS-LINGUISTIC DISCOURSE ANALYSIS MODEL By Richard G. McGarry December, 1990 Chairman: Dr. Haig Der-Houssikian Major Department: Linguistics A tripartite model for analyzing interethnic conflict in the press is presented and discussed. This consolidated model interrelates pragmatic/contextual elements with cognitive and morpho-syntactic variables in order to establish subtle bias in what is commonly considered "objective" news reporting. A series of articles, covering the "Otieno case," from two Kenyan newspapers, the Swahili language daily/weekly, Taifa Leo/Weekly. and the English language newspaper, Daily Nation, serve as the primary data base for the study. Elicited respondent data confirm the model's basis in reality. Such contextual features as the nature of ethnicity in Kenya, the character of interethnic conflict between the Kikuyu and Luo ethnicities, and the role of the press in X

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Kenya are presented vis-a-vis the Otieno case. A reader's perception of a news story in terms of cognitive framing, i.e. networks of foregrounded and backgrounded concepts, are assessed as are a variety of linguistic strategies, such as the positioning of topics in thematic paragraphs and morpho syntactic coding, inasmuch as they affect topic continuity/identifiability. The model is applied to news text data. It is demonstrated that subtle bias exists in Nation newspapers' coverage of the Otieno case, with Taifa Leo/Weekly favoring the application of traditional, ethnic law to burial matters, and Daily Nation supporting civil, secular law. xi

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CHAPTER ONE INTRODUCTION In any news story, journalists use a variety of linguistic strategies to report events and situations as they themselves have experienced them or as the event has been reported to them. Invariably, writers of news discourse relate events from a particular point of view, which has the cumulative effect of emphasizing certain topics, themes, and/or events while deemphasizing others. Readers, in turn, are able to process this form of written communication by interrelating pragmatic/contextual variables with linguistic features which enable them to discern which topics, themes, and/or events are most important or relevant in that particular communicative act. The investigation of these pragmatic and linguistic strategies employed within the context of written discourse forms the basis of discourse analysis. The field of discourse analysis, especially as it relates to cross-cultural communication, is relatively new. Historically, researchers have taken two distinct approaches to discourse analysis. As will be thoroughly discussed below, certain literature (most notably Giv6n, 1983b, 1983c, 1984; Hopper & Thompson, 1980; Kunc, 1976; and Li & 1

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2 Thompson, 1976 to name a few) has emphasized the relationship between discourse and syntactic structure. Pragmatic features were seemingly deemed nonlinguistic and not considered. Other research (namely Levinson, 1983; Sperber & Wilson, 1986; and van Dijk, 1981, 1983, 1985a) has largely focused upon pragmatic-cum-semantic variables without regarding the morpho-syntactic features generated by context. Few attempts have been made to unify the two approaches. Moreover, few studies (save those of van Dijk) have specifically analyzed press discourse. Studies of news texts have been based largely upon homogeneous circumstances, that is, press discourse written and read by individuals from the same linguistic background. Little substantive research has been carried out involving the analysis of press discourse in linguistically heterogeneous circumstances. The research undertaken in this study combines pragmatic, cognitive ("schema theory"), and morpho-syntactic elements into a single, workable model of discourse analysis which can be applied to written discourse cross linguistically. I intend to demonstrate the efficacy of this tripartite model through its application to press discourse, specifically to Swahiliand English-language news texts from Kenya. This study deals with the efficiency of the model to make certain predictions regarding written discourse alone. Although the analysis of oral discourse is

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3 an important and necessary topic for further study, it is not my intention for any predictions made by the model to be transferred to spoken discourse although research in this area would be useful. The purpose of this study is bifocal, having both linguistic and sociocultural goals. First, I want to establish the usefulness of the model itself. Second, by applying the model, it is my intention to establish the nature of how conflicts between ethnic groups are reported in the Kenyan press. Building a unified model of discourse analysis for the purpose of examining intratextual and intertextual relationships in a specific context will greatly aid our understanding of the language of interethnic conflict, and will provide a useful heuristic which can potentially be applied to a variety of contexts in which interethnic conflict is reported in the press (cf. Gumperz, 1982; Green, 1989). I propose to test the viability of this model of discourse analysis by employing data from three main sources: two written sources, the Swahili-language daily Taifa Leo (and Taifa Weekly) and the English-language Daily Nation, and from oral responses from Swahili and English speaking participants. The latter data will be used to establish the validity of the model to predict the kinds of information readers will use to process newspaper discourse (cf. Chapter Six).

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It will be my goal to analyze the perception these media have of the Luo ethnic group, inasmuch as it reflects the society as a whole. Both Swahili and English lend themselves uniquely to this task because they are interethnic and international languages. In other words, these languages are used, with a few exceptions, in largely heterogeneous circumstances. Moreover, an additional benefit of comparing Swahili texts as the primary data base with English texts as "control" data is to establish similarities and differences between the discoursal structures of the two languages. The Otieno Case 4 The context around which this study is based pertains to a controversial court case involving burial rights which arose in Kenya in December, 1986, and continued through the first half of 1987. The "Otieno case" began when s.M. Otieno, a Luo and a prominent Nairobi attorney, died, and, at the behest of his wife, Mrs. Virginia Wambui Otieno, was to be buried ori his Upper Matasia farm. Mr. otieno's brother, Mr. Joash Ochieng' ougo, objected and elicited the help of the Umira Kager Clan, to which he and Mr. Otieno belonged, to help in the dispute. Their objections were based on the custom that Luo are traditionally buried in Luo territory.

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5 A lawsuit was filed by Mrs. Otieno in the Kenyan High Court seeking custody of the body of her late husband. The High Court, through Mr. Justice Frank Shields, handed down the ruling that the Umira Kager clan had no locus standi ("legal standing") to claim Mr. Otieno's body and bury it in Luo territory. As a result of the judgment, they filed an appeal in the Court of Appeals of Kenya, and were subsequently given joint custody of the body with Mrs. Otieno to bury it at Nyalgunga in Luoland. Mrs. Otieno, however, objected, claiming that she was the sole "next of kin" and was entitled to bury the body on their property in Upper Matasia, according to various statutes in the Law of Succession of Kenya. The Court of Appeals heard Mrs. Otieno's petition, but let the earlier ruling stand. Neither Mrs. Otieno nor her immediate family attended Mr. Otieno's funeral in Nyalgunga. The Otieno case raised many issues of interest to the people of Kenya. Among them were the conflict between traditional law and civil secular law, the role of ethnicity in Kenyan society, particularly interethnic relations, and ultimately the Luo vs. Kenya. The case, although settled

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legally in favor of traditional law, continues to evoke strong emotions and debate. The Study 6 In my master's thesis (McGarry, 1988), a discourse pragmatic model of analysis was developed and applied to written discourse in order to ascertain which topics were deemed by writers to be most salient and which topics least salient. The model was based upon topical positioning within the structure of a "thematic paragraph" as well as on a variety of syntactic devices which comprise a continuum of topic identifiability and continuity. This model proved a useful pilot project for evaluating syntactic variables within the particular English-language press discourse tested. This study greatly expands the scope and breadth of the pilot study, analyzing the interrelationship between pragmatic, semantic, and morpho-syntactic variables. Pragmatic and Semantic Variables The notion of pragmatics has traditionally been a difficult one to define, perhaps due to the fact that it is largely amorphous. There are few neat "pigeon holes" into which linguistic categories can be placed and analyzed. However, a serviceable definition of pragmatics is offered by Green (1989). Pragmatics is "the study of understanding intentional human action. The central notions in pragmatics

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7 must then include belief, intention (or goal), plan, and act" ( 3) . With this definition in mind, a complete analysis of discourse must be viewed in terms of a variety of communicative contexts, an important facet in the purview of "pragmatics." First, in terms of written discourse, writers make assumptions about what the reader is likely to accept without challenge. These presuppositions comprise what can be termed "the common ground" of the participants in a written communicative event. Suppose, for instance, a journalist writes about a fire at a dwelling in east Gainesville. It is likely that the writer will assume the reader will accept as true the existence of the dwelling in question, and, that on a particular day, the dwelling caught fire and burned. Moreover, it is assumed that the reader knows what a "fire" is, and is aware that "Gainesville" is a place/city wherein people live. These latter presuppositions are what Brown and Yule (1986) call "conventional implicatures." In other words, a "conventional implicature" is what a writer can imply (and a reader can interpret) based upon the meaning of the words themselves as they are used in particular communicative context. Second, there are certain norms which are expected of language users in most every context. Grice (1975) terms these "conversational implicatures. 11 According to Grice,

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8 writers should 1) make contributions which are true, contributions for which there is adequate evidence; 2) be only as informative as is required (don't write too much or too little); 3) be relevant; and 4) avoid ambiguity and obscurity (cf. Sperber & Wilson, 1986). Given these pragmatic principles, the sociocultural context of a linguistic event must be considered. Sociocultural context comprises what Gudykunst and Kim (1984) term "cultural influences," i.e. the values, world view, and mores of the writer and reader. Additionally, sociocultural context includes such influences as group membership and role relationships. Chapter Two discusses and analyzes a variety of pragmatic/contextual issues including the notion of ethnicity, interethnic conflict, the relationship between ethnicity, westernization, and law in Kenya, and the role of the press in Africa and in Kenya. Donald Horowitz (1985) in Ethnic Groups in Conflict posits that interethnic conflict is, at its essence, a matter of the comparison of distinctive linguistic, religious, cultural, and/or national characteristics. Horowitz further suggests that what solidifies a people's sense of ethnicity is the human need for familiarity and community, the desire for family ties and reciprocal emotional support. Membership in an ethnic group, therefore, enables important cultural variables to be

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9 maintained within a socio-political context. These variables define who a person is in society in terms of who are their relations as well as who members of out-groups are. Language is an important tool for the maintenance of ethnic identity (cf. Fishman, 1977; Bourhis & Giles, 1977; Giles, Bourhis & Taylor, 1977). World views, values, rules, and norms of particular groups may be revealed through language in communicative events. Interethnic conflict occurs when participants in a communicative event interpret each others' messages vis-a-vis conflicting knowledge ''schemata" (frames) (cf. Goffman, 1974; Tannen, 1979; Gumperz, 1982). Most of the ethnic groups in Kenya are speakers of Bantu languages. The majority of this population is comprised of three closely related groups: the Kikuyu, the Embu, and the Meru. The Luo, a Nilotic people, constitute a substantial minority of Kenya's population. The remaining few non-Bantu groups are virtually outside the mainstream of Kenya's sociopolitical life, despite the fact that the current President, Mr. Daniel arap Moi, is a member of one of these minorities. In light of the fact that the Luo are a Nilotic people with a unique and different world view from their Bantu neighbors, it is not surprising that conflicts between

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10 Bantu-speaking ethnic groups and the Luo arise on a regular basis in every sphere of Kenya's sociopolitical life. Chapter Three discusses semantic variables in written discourse production and interpretation. Here, the cognitive notion of "frame" is addressed. Framing is essential to understanding the semantic component of the model. It has been suggested by many (Abbott, Black, & Smith, 1985; Deane, 1989a; and Glenberg et al., 1987) among others) that a frame is an organized network of concepts derived from one's prior experience and knowledge of the world. In this chapter, frames are analyzed vis-a-vis two important semantic hierarchies, one from Silverstein (1985) and the other, Kuno's (1976) concept of "empathy." Silverstein argues that a concept will be highly instantiated depending upon the degree of animacy it possesses. Empathy, meanwhile, is normative in evaluating the attitudes of writers toward participants in an event. By utilizing certain syntactic and semantic elements, writers are able to direct readers' focus toward participants in a news story and away from others. These elements encompass a wide range of syntactic and semantic structures, including case roles, agency, tense, aspect, and modality.

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Morpho-Syntactic Features Chapter Four is pivotal in that it analyzes topic continuity/identifiability from two angles, topic positioning within "thematic paragraphs" and morpho syntactic structures which enhance topic continuity. 11 Topic positioning within the thematic paragraph structure is an important determinant of topic continuity and identifiability. Through the analysis of data from Taifa and Daily Nation, it will be demonstrated that certain participants in Swahili and English are more identifiable to readers if they are placed in the initial position in the thematic paragraph. Likewise, more backgrounded material tends to be placed toward the end of a paragraph. In terms of morpho-syntax, certain devices such as anaphors and nouns+ demonstratives (Swahili) or definite articles (English) code old, instantiated information. Devices such as passives in both Swahili and English represent deviations from standard word order, and are often used to code less identifiable or new topics, although not always. These insights into topic continuity/identifiability are significant in terms of reporting interethnic conflict. Topics writers who choose to highlight have the potential to be persuasive to readers. Writers can manipulate certain viewpoints by stressing a particular topic over another, or

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12 by coding a particular topic as continuous, more identifiable than another. By analyzing topic continuity in news reports regarding the ''Otieno" case, patterns concerning the sociopolitical situation in Kenya can be detected. Methodology Chapter Five reports the results of the application of the model to data sets from Taifa and Daily Nation, while Chapter Six analyzes data from respondents. The methodology employed in Part II of this study involves three steps. First, a set of six articles, selected from the Otieno case corpus in Taifa and Daily Nation, is analyzed and compared vis-a-vis the model presented in Part I. These samplings were selected from the corpus, and cover the scope of the case. Since the goal of this study is to analyze and evaluate discourse strategies used to convey objective information to the reading public, editorials and letters to the editor have been purposely excluded from the data base due to their overt bias. The goal of this chapter is to analyze this sampling of newspaper texts in order to evaluate writer intention. Second, data from a variety of African respondents are analyzed and compared in order to establish whether or not the model has any basis in reality. In other words, to what extent do the claims made in Chapter Five of the study

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13 correspond with data elicited from actual newspaper readers? The respondents were asked to recast a sample text from Taifa and/or Daily Nation. From these recasts, foregrounded and backgrounded topics were ascertained and compared both within each group and on an intergroup basis, as well as with the conclusions reached in Chapter Five. Third, the respondents' feedback is evaluated in terms of any linguistic, cognitive, and/or cultural factors which may influence the way in which the stories are recast. These variables play roles in the way interethnic conflict in the press in processed and understood.

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PART I DISCOURSE ANALYSIS MODEL CHAPTER TWO CONTEXTUAL VARIABLES IN DISCOURSE ANALYSIS For an analysis of press discourse to be inclusive, it is necessary to investigate a variety of communicative contexts out of which a particular news event arises. Specifically, an analysis of the extra-linguistic context surrounding a news story concerning an interethnic conflict situation enables the investigator to glean valuable information concerning the sociopolitical climate impacting the situation. Moreover, it is possible, through an understanding of contextual features, to obtain informed hypotheses regarding the intentions of news writers covering circumstances of interethnic conflict, and may additionally enable the investigator to partially predict the reactions of readers to news stories. Contextual information consists of two interrelated components: "macrocontext" and "microcontext.'' Macrocontext can be defined as those sociocultural features which have a direct impact on the communicative event. These include (among others) the world view of the culture in question; values, beliefs, and norms which establish the culture's 14

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15 place vis-a-vis the world community; and the range of group memberships (both real and perceived) which establish solidarity among individuals in a culture. Microcontext represents those individuated networks of beliefs, values, presuppositions, and knowledge participants in a linguistic event utilized to insure successful communication. Microcontextual variables will be discussed in the following chapter on cognitive features of discourse analysis. The goal of this chapter is to discuss a variety of macrocontextual variables inherent in the Kenyan culture for the purpose of investigating how these variables affect news discourse, specifically reports concerning the Otieno case. It must be kept in mind that the intent of this chapter is to describe those salient features of the Kenyan culture and to draw general conclusions concerning their effect on news discourse. Conclusions and/or generalizations are only partial at this stage. In subsequent chapters, the full effect of sociocultural variables on the language of press discourse will be clarified. Macrocontext Certain macrocontextual features are important in the Kenyan culture and must be defined and evaluated. Among these are the general nature of ethnicity and interethnic distinctiveness; the relationship between ethnicity, westernization and law in Kenya as it affects Kenya's two

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16 largest and most powerful ethnicities, the Kikuyu and the Luo; the role of language in interethnic relations; the role of Swahili and English as the de facto national languages of Kenya; and the role of the press in Kenyan society. Ethnicity and Interethnic Conflict Throughout the literature, the concept of "ethnicity" has been described in terms of a complex perceptual network manifest in sociopolitical reality. Horowitz (1985) posits that ethnic solidarity grows out of the human need for familiarity and community. Membership in an ethnic group enables important cultural variables to be maintained within a sociopolitical context. Likewise, Parkin (1977) argues that ethnicity has a strong perceptual component which is evidenced in ethnic groups comparing themselves (positively or negatively) to their neighbors. According to Parkin, an individual within a collectivity "recognizes" his/her membership in that collectivity vis-a-vis its distinctiveness from neighboring collectivities. Reflective of the perceptual nature of ethnicity, Yinger (1983:395) supplies the following definition:

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Ethnicity is not an attribute, but a variable. (It) is a segment of a larger society whose members are thought, by themselves and/or others, to have a common origin and to share important segments of a common culture and who, in addition, participate in shared activities which the common origin and culture are significant ingredients. 17 A collectivity's cognizance of their "glorious past" as well as their function within the culture greatly determines the types of behavior expected of group members. Self definition is only one component of the determination of a group's perceived function in society. Yinger argues that ethnicities ascertain their function in a society through out-group opinions of in-group solidarity and behavior. Kenyan ethnicities, such as the Luo and Kikuyu, are ethnicities by definition because they each have an origin in common, they think of themselves as an in-group and others as out-groups, and because neighboring collectivities consider them ethnic entities with established values and modes of behavior. (Out-groups may even distinguish unique physical characteristics which set them apart from the remainder of society. A good example is the valuation given to Luos by Bantu ethnicities concerning their custom which prohibits circumcision. Not only do certain Bantu groups characterize Luos as the "uncircumcised," but they hold Luos up to ridicule for being "cowards" [cf. Berg-Schlosser, 1984])

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18 A final definition of ethnicity comes from Fishman, in a 1977 study of the interrelationship between ethnicity and language. According to Fishman, ethnicity provides individuals with a recognition of their unique place in society, acting as a filter through which individuals or collectivities understand who they are vis-a-vis their neighbors. Fishman points out that there are both "stable" and "changing" aspects of ethnicity. Specifically. he describes three such notions: "paternity," "patrimony," and "phenomenology." Paternity pertains to an individual's biological origins, or kinship. (Hereafter, "kinship" will be used.) As Fishman (1977) argues: Ethnicity is, in part, but at its core, experienced as an inherited constellation acquired from one's parents as they acquired it from theirs, and so on back further and further. (17) The role kinship plays in the life of an individual or collectivity is extremely vital. Kinship ties provide substantive support in times of conflict within families or communities. Kinship ties enable individuals to call on others for help and communities to enlist the aid of neighboring communities during crises. Most importantly, kinship ties create and sustain relationships built on mutual support and intimacy.

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A second aspect of ethnicity discussed by Fishman (1977} is "patrimony," which refers to a system of fairly well defined behaviors. According to Fishman, the concept of ethnicity is multiplicitous. It is a state of being as well as a system of behaviors wherein members of an ethnic group define who they are. The third notion of Fishman's definition of ethnicity is what he terms "phenomenology." Phenomenology refers to the significance individuals or collectivities attach to their behavior. In other words, phenomenology is "how ethnicities view ethnicity" (23}. 19 The studies cited above support the notion that ethnicity is both rooted in the cognitive/perceptual framework of individuals and collectivities, and is manifest in sociopolitical reality. To use a well-worn phrase, ethnicity is partially in "the mind of the beholder." To be sure, one's inclusion in an ethnic group is dependent to a great degree upon factors of paternal or (in the case of some cultures} maternal heritage. But the salience of ethnicity, the degree to which an ethnicity asserts its exclusivity from other groups within a society, is contingent upon whether individuals in the group believe themselves to be members of the group in contrast to being a member of a neighboring group. This is an important factor to consider in our discussion of interethnic conflict.

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20 In the pilot project for the present study (McGarry, 1988), I argue that in sociopolitical entities, there are interest-group collectivities, "ethnicities" in Rothchild's (1986) terms, which organize their collective existences around particular values, norms, and rules. Within that same sociopolitical entity there are other well-defined collectivities which possess significantly different values, norms, and rules. When these groups come into contact with one another and vie for political power and their share of market goods, conflicts arise. Rothchild (1986) contends that interethnic conflict arises from differences in perspective concerning nonnegotiable and negotiable issues. ''Nonnegotiable" issues, in Rothchild's theory, are ideological in nature, including such notions as world view, belief systems, etc. "Negotiable" issues, on the other hand, include tangible goods and services for which individuals "negotiate" on a daily basis. Horowitz (1985) holds a similar view of the origins of interethnic conflict. He posits that interethnic conflict is, at its essence, a matter of comparison of distinctive linguistic, religious, cultural, and/or national characteristics or a misunderstanding of the behaviors of those considered out group members. The causes of interethnic conflict, therefore, are both intricate and manifold. Almost any set of events or circumstances wherein individuals from

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21 different ethnic groups come into contact with each other can potentially initiate a conflict situation. I believe Rothchild is essentially on target in his negotiable/nonnegotiable distinction. Those conflicts which have arisen on account of value or world view differences appear to be both longer lasting and of greater intensity. The Otieno episode is a prototypical instance of a nonnegotiable conflict. Not only was the conflict the focus of attention for nearly six months while various court challenges were heard, but issues arising from the conflict are still being debated in the Kenyan Parliament, in Kenyan university law and government classrooms, and in homes throughout the nation (although with the exception of two lead stories immediately following the resolution of the court case, the Kenyan press (English and Swahili) has chosen to avoid this issue (Kimani wa Ngoju, Kazungu, and Ndwiga, personal correspondence). Ethnicity. Westernization. and Law in Kenya The Otieno episode was essentially a conflict between two competing legal systems, traditional, customary law and civil, secular law. However, it is likely that the case would not have been so ardently contested had the litigants not been members of ethnicities with a history of conflict. The conflict between Mrs. Otieno and the Umira Kager Clan was representative of a larger historical struggle between

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22 the Luo and the Kikuyu ethnic groups, as they were influenced by western cultural postulates. In this section, I will discuss the interrelationship of ethnicity, westernization, and law in modern Kenyan society, especially as it has impacted Kikuyu and Luo groups. The notion of "ethnicity" is highly prominent in Kenya due to there being a number of large, powerful groups who vie for political and economic power. According to the latest Kenyan census figures available (Kenya Population Census, 1979) 1 , of the 15.3 million residents, 75% of the population belongs to five ethnic groups: Kikuyu and Kamba (Southern Bantu), Luhya (Western Bantu), Luo (Western Nilotic), and the Kalenjin (Southern Nilotic). Two of the largest and most powerful ethnic groups are the Kikuyu and Luo, with the Kikuyu representing approximately 20.9% of the population and the Luo 12.8%. Of particular interest is the fact that whereas the percentage of the Kikuyu population increased from 20.1% to 20.9% in the years 1969-1979, the percentage of the Luo population actually decreased. Census figures (1979) indicate that there were 2,201,632 Kikuyu in 1969. In 1979 the total number of Kikuyu increased by 45.48% to 3,202,821. In that same time period, although the actual numbers of Luo increased from 1,521,595 to 1,955,845 (28.54%), the percentage of the Luo population (against the entire Kenyan population) actually decreased somewhat from 13.9% to 12.8%.

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23 The significance of these statistical factors becomes readily apparent when analyzed in their sociocultural context. The Kikuyu and Luo ethnicities are derived from widely divergent backgrounds, possess distinct world views and values, speak unrelated languages, and compete with each other for goods and services in a nation which ranks in the lower quarter of the world's nations in terms of "modernity" (an aggregation of such socioeconomic variables as Gross National Product (GNP), food supply, medical care, infant mortality, etc.} (Berg-Schlosser, 1984). As the Kikuyu population increased at a rate greater than that of the Luo group, demands for goods and services also increased proportionally. Increased demand, in turn, created the situation wherein Kikuyu politicians called for incremental increases in the allotment accorded their constituents. Luo politicians, in response to the threat of increased direct competition from their historical Bantu rivals, took a number of courses of action available to them. They first demanded the government augment the apportionment given to their constituents, and they strengthened the intranational trade network with the neighboring Luhya group, which, although Bantu in its origins and language, have historically felt some affinity with their Nilotic neighbors (cf. Parkin, 1977; Berg-Schlosser, 1984}. The scenario above typifies the ethnic struggle in postmodern Kenya, especially in light of Larmouth (1987},

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24 who argues that an important factor in the maintenance of ethnic identity is economic development. In a multi-ethnic nation, such as Kenya, if one group is more economically advantaged, the less advantaged group will either try to identify in some way with the advantaged group or attempt to assert their own identity. Berg-Schlosser's (1984) comprehensive study of Kenya's seven major ethnicities serves as an appropriate resource for a further description of the Kikuyu and the Luo and the inherent competition between them. According to Berg Schlosser, the Kikuyu tend to be a homogeneous group both socially and culturally, although somewhat less traditional than many of their Bantu and Nilotic counterparts. The core of the Kikuyu world view, as argued by Cavicchi (1976), rests in a strong belief in God as creator of the ewarth and the Kikuyu people, and mutual respect and acceptance of all, ''even foreigners" (184). Quoting Jovenale Getao, a teacher in the Catholic Mission Limuru, Cavacchi states, On inquiring about the Kikuyu way with the old people, I have come to understand that the Kikuyu who know the true Kikuyu-was do not insult their medicine man. The way I think about it all is this: Let us develop a true mutual understanding with the Great-ones (elders) and small ones. (183) Further, Cavacchi indicates that following the "Kikuyu way" is to adapt to meet changing conditions, even if those patterns of living are foreign ones. This value inherent in

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25 the Kikuyu culture perhaps facilitated Kikuyu adoption of certain western values, as will be discussed below in greater depth. Kikuyu society is patrilineal. Leadership is based upon age wherein elders have the right and duty "to preserve and interpret the tradition, make rules for new contingencies, direct military defence, administer justice, and generally regulate the conduct of the affairs of the community" (Cavacchi, 1976:17). In marriage, wives become members of their husband's mbari, clan, and to that clan she owes her allegiance (Cavacchi, 1976). In terms of economic wealth, there is evidence of wide stratification among Kikuyus residing in rural areas vs. their urban counterparts, especially upperand middle-class Kikuyu business people in Nairobi (Berg-Schlosser, 1984). As the dominant ethnic group in modern Kenya, and as active participants in the political and business arenas, the Kikuyu are often the object of envy and hostility among neighboring ethnicities because of their power and position. The domin~nt position of the Kikuyu in modern Kenyan society resulted largely from their contact with westerners. Kaplan et al. (1976) indicate that, during the colonial period, Kikuyus became westernized more rapidly than any other ethnic group in Kenya. This was due to the fact that Nairobi, situated approximately half-way between the two terminii of the East African Railroad (Mombasa and Kampala,

PAGE 37

26 Uganda), is in the environs of Kikuyuland. Kaplan et al. point out that many Kikuyu left their homesteads to work as laborers on "white-owned" farms. Moreover, when colonial schools were established, Kikuyu children profitted greatly. In fact, Kaplan et al. report that by the late 1970's, twice as many Kikuyu children were enrolled in school than Luo children. Of the Kenyan ethnic groups, not only did Kikuyus reap the most benefits from weternization, they also bore the greatest extent of the racism inherent in colonialism (Kaplan et al., 1976). Their mistreatment by the British incited their calls for political change and fomented the Mau Mau revolt, in which Kikuyus had a powerful voice. After independence, Kikuyus "aggressively" bought land and businesses, further establishing their role as Kenya's dominent ethnic group as well as further arousing hostility from other ethnic groups with which the Kikuyu were competing for goods and services (cf. Kaplan et al., 1976). A somewhat surprising statistic brought forth by Berg Schlosser (1984) concerns the Kikuyu's view of the social and political role of women in Kenyan society. Sixty-two percent of the Kikuyu respondents indicated that women should have less freedom. Further, 42% said that women should be less active in the political arena. These statistics are somewhat surprising given that Kikuyus are usually perceived as being among the most "progressive"

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27 ethnicities in Kenya (Kimani wa Ngoju, personal correspondence) 2 Actually, when questioned about their sense of traditionalism ("It's better to stick with what you have than try new things that you really don't know about"), a large percentage of Kikuyus (33%) responded positively, which corresponds to Cavicchi's (1977) field research wherein he found that, There appears to be some agreement among the Kikuyu about the necessity of preserving the national or tribal tradition. (121) In contrast to statistics showing fairly high levels of "conservatism" among Kikuyus vis-a-vis the role of women in society, a substantially lower percentage of Luo, usually perceived as being "more traditional," indicated that women should have less freedom (51% vs. 62%). Moreover, only 30% of the Luo respondents said women should be less active in politics. In terms of "traditionalism," percentages for Luos and Kikuyus were identical. In sum, although, as Berg Schlosser has indicated, the Kikuyu ascribe importance to traditional values (cf. Mugo, 1982), their early and extensive contact with British colonials enabled them to embrace many western cultural postulates (especially business values). As will be illustrated below, this factor further served to heighten the conflict between Kikuyus and Luos. In turn, this

PAGE 39

conflict intensifed the matter over who would bury Mr. otieno and where he would be buried. 28 The Luo world view appears to be guided by a strong desire to preserve a sense of harmony within the community, which is not unlike their Kikuyu counterparts. Ocholla Ayayo (1980) argues that Luos place a great deal of significance on such values as stability, seniority in the family, tradition, kinship, peace, and cooperation. This world view is manifest in a multiplicity of religious and social relationships. Having once been pastoralists, Luos seek to live in harmony with their surroundings. The land and Lake Victoria provide the primary food source for themselves and their cattle. Elements of nature, especially the sun, hold a certain esteem among Luos, especially the elderly. As one Luo respondent in Sytek (1972) stated, Long ago they worshipped only the sun ... when a person was sick or dying we prayed to the sun to heal him. The sun knew all, even the stealthiest of acts We appealed through it for rain through prayers, but an individual did not pray to the sun to help him individually. (173) This respondent added that when the "white men" came, bringing with them a western-type cosmology, the Luo concept of the created order changed also.

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When the white man came he brought a new idea of God along with him. From that time, the belief that God created the earth was adopted, and that belief still prevails today ... It is the white man's foreign ideas that discredited the sun's might. (173) 29 In terms of social relationships, the Luo community consists of a network of kinship relations called wat. A wat relation is one created by common ancestry and by marriage. Okoth Okombo (1987) indicates that this system of relationships is a "transitive" one. If individual A is a wat to individual B, and individual Bis wat to individual C, then individual A is also in a wat relationship with individual C. Okoth Okombo argues that wat relationships are constantly expanding, especially through marriage. The act of marriage can create a new wat relationship between two non-wat families. In addition to wat relationships, there is an inner kinship core relationship called anyuola. Anyuola relationships are established by ancestry alone. More specifically, since every Luo clan society is patrilineal, every individual becomes a member of his/her father's anyuola. A maternal uncle, for example, is a wat but not an anyuola. Although marriage creates wat relationships, it cannot establish anyuola ones. A bride is anyuola in her clan of birth, but not in her marriage family. The woman may be

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30 treated (and often is in intraethnic marriages) as if she were anyuola, but in fact she is not her husband's kinswoman. Children fathered in extra-marital relationships by men who are not married to the mother, while being tolerated and in many cases accepted by the mother's husband and his kinspeople, nevertheless do not have an anyuola relationship with his/her mother's husband. These children, therefore, cannot participate in the important dala (establishment of a "home") ritual, and are denied leadership positions in the clan. Luo kinship patterns determine the extent to which an individual is considered a member of an out-group. This becomes highly apparent in light of the Otieno episode, considering the relationship between Mrs. Otieno and her husband, S.M. Otieno, and the relationship between Mrs. Otieno and her husband's clan. In the Luo conception of kinship, Mrs. Otieno is considered a member of her father's clan, her mbari in the Kikuyu social system, which is a network of families who have a common patrilineal origin (cf. Berg-Schlosser, 1984). Before her marriage to Mr. Otieno, Mrs. Otieno's relationship to the Luo community was that of an out-group member. Upon marrying Mr. Otieno, she became a "wat" relative to her husband and his family. To the Luo, Mrs. Otieno's relationship to her husband was non anyuola, that is, Mrs. Otieno was viewed as a member of an

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out-group and not her husband's kinswoman, and therefore could not, by traditional law, inherit her husband's property. 31 Although the Luo world view and notion of kinship is not significantly different from the corresponding Kikuyu notions, what is significant, and at the heart of the Otieno conflict, is the domain of the Kenyan Judicial system (based upon "western" English Common Law) over cases involving traditional "next of kin" rights. As the press reported, the Otienos lived as "Westernized Africans" during their marriage. They were members of and regularly attended the All Saints Church (Presbyterian Church of East Africa) in Nairobi. They adhered, to some extent, to the theological constructs of Christianity, which underscores the essential unity of husband and wife. In other words, in the nee-orthodox Christian concept of marriage reflected in the theology of the PCEA, the wife becomes her husband's kinswoman and vice versa. When Mr. Otieno's Luo clansmen filed suit in the court system of Kenya, they claimed that they and not Mrs. Otieno were the rightful "next of kin." The judgment by Mr. Justice Shields is revealing of the conflict of world views (cf. Weekly Review, January 9, 1987).

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The defendant's (Umira Kager Clan) case is that the deceased was a Luo and he must be buried in accordance with Luo customs and traditions. Mr. Kwach for the defendants sought to distinguish (between Bantu groups) and the Luo who are Nilotic people, but he has failed to show how this difference affected the reasoning of the court. (Therefore), the custody of the remains of a deceased belongs to his personal representative of next of kin, and it is only he or she who has locus standi to enforce the views of a deceased as to its place and manner of burial .... The defendants' (Luo) case is that the deceased was a Luo and he must be buried in accordance with Luo customs and traditions .... I can see nothing in the Judicature Act or elsewhere in our law which imposes a duty on a personal representative to bury a Luo or a member of any other tribe in accordance with tribal custom and in the tribal homeland. ( 5) 32 The notion of kinship, or specifically, "next of kin" reflected in Justice Shield's judgment is radically different than that of the Luo's (and Kikuyu's) concept. British Common Law extends certain rights to the spouse by marriage, because, in the western conceptualization, marriage creates a kinship relationship. By contrast, in traditional cultures like the Luo and Kikuyu, "next of kin" relationships are created only through patrilineal ancestry. It is little wonder that Luo emotions were inflamed by Justice Shield's decision, and not particularly surprising that one of the most significant and hotly contested conflicts in modern post-independence Kenya resulted from this case.

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33 Berg-Schlosser {1984) discusses a number of other important characteristics of the Luo which further confirm a sense of rivalry between them and other ethnicities, especially the Kikuyu. He showed that although many Luo migrate to large urban areas (Nairobi or Mombasa) for employment, 87% of all Luos live in their ethnic area. He also indicated that Luos tend to be less trusting of their neighbors, relying instead upon kinship networks for mutual support. Of the Luo respondents surveyed, 31% said they trust most people, compared to 32% of Kikuyus {not a significant difference). However, 21% of the Luos said they trusted no one whereas only 15% of the Kikuyu respondents indicated that they trusted no one. The degree of mistrust among Luos is likely due to in fighting between political factions aligned according to ethnic loyalties. In the years just after independence {1963-1966), Luos and Kikuyus shared power in a single powerful political party, the Kenya African National Union (KANU). After 1964, Kikuyus largely dominated KANU. Dissatisfied, the Luo representatives broke away and formed the Kenya Political Union (KPU) (cf. Miller, 1984). These historical events are reflected in the Luo's lack of a sense of national pride. Berg-Schlosser {1984) found that 16% of the Luos surveyed were proud of their political achievements as compared with 41% satisfaction among Kikuyus. Forty-seven

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34 percent of the Luo respondents indicated that they were not proud of anything vs. just 11% of the Kikuyu respondents who were not proud of anything. In a separate but related survey which measured both national pride and degree of criticality of the government, Berg-Schlosser discovered that 19% of the Luo respondents were proud and not critical of the government. Thirty-nine percent of the Kikuyu respondents indicated they were proud and not critical. In terms of those respondents who were not proud and critical of the government, 21% of the Luos responded positively as compared to only 3% of the Kikuyu respondents. As is apparent from the circumstances discussed above the importance of ethnicity in Kenya augments the potential for a situation such as the Otieno episode to arise. Traditional world views and complex systems of social relationships as well as the extent to which members of a particular ethnic group appropriate western postulates influence the way in which the western-style legal system on which "modern" Kenyan law is established is interpreted and applied. The Role of Communication in Interethnic Conflict The discussion above has demonstrated the relationship between ethnicity and westernization in Kenyan society. It is important at this point to consider the role language plays in interethnic relations. Specifically, a useful

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heuristic for evaluating communication in interethnic relations will be presented and examined. I will not only further establish the importance of ethnicity in Kenyan society, but also suggest that during situations of heightened conflict between groups, ethnicity can well be perceived as a threat to national unity and stability. 35 It is not surprising that ethnicity and language are powerfully linked. Language is the means by which paternity is expressed and maintained, a link with "the glorious past." Language enables the heroic accounts of the ancestors to be passed down from one generation to the next as well as enabling the inculcation of certain values, mores, and social rules which are deemed important by the community. Language behaviors reflect community behavior in a number of ways. Certain linguistic behavior, such as dialectal shifts, may be used in particular instances as cues to an individual's group membership (Bourhis & Giles, 1977) . An example of language behavior revealing community values can be found in an important study by Bourhis and Giles (1977). Basing their research on a study by Tajfel (1974), which claims that members of an ethnic group will compare themselves positively or negatively to members of an out-group and will utilize variations in the linguistic code to differentiate themselves from members of the out-group,

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36 Bourhis and Giles analyzed situations wherein language learners consciously adapted their speech patterns to either conform to or diverge from the speech code used by members of an out group. The convergence/divergence was prompted by such factors as the sociocultural context of the linguistic event, the individuals' opinions of out-group members, and the individuals' established motivations for learning the second language. They concluded that accent convergence tends to increase when ethnic group membership and linguistic distinctiveness are not perceived by the individual as being essential. Accent divergence, by contrast, occurs when ethnic membership is accounted as very important to the individual, and when language is perceived as an important tool for the maintenance of ethnic identity. Linguistic strategies such as content differentiation and dialectal switching were used by certain participants to emphasize their ethnic identity, allowing themselves to be psychologically and linguistically distinct from out-group members. How individuals or groups view their ethnic membership is often revealed in the way they view their language. Is a particular ethnic language considered by its native speakers difficult for out-group members to learn? Is the language considered poetically expressive or melodious? Should the language be adopted for general usage or for specific purposes by neighboring ethnicities? Should the language

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37 become the regional lingua franca? From the answers to these queries, levels of ethnocentrism as well as the potential for interethnic conflict among collectivities are capable of being deduced and predicted. As we shall see below, the situation in Kenya is complicated by the national language status of both English and Swahili. In a 1977 article, Giles et al. (1977) developed a framework by which interethnic relations, such as those between Luos and Kikuyus, can be appraised vis-a-vis language. Giles, Bourhis, and Taylor argue that language in intergroup relations has two vital functions. First, it serves as a symbol of ethnic identity and cultural solidarity. Second, it emphasizes and signals in-group membership under conditions wherein the identity of the group is somehow threatened. The authors further posit three criteria for assessing ethnic group vitality: ''status," "demography," and "institutional support." From these criteria, language's role in the maintenance of ethnic group vitality can be ascertained. In terms of the status criterion, Giles et al. (1977) argue that there are four factors which contribute to the status of an ethnic group: economic status, social status, sociohistoric status and language status. Economic status refers to the extent to which a particular group has gained control over the economic life of its nation, region, and/or

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38 community. A critical question to consider is, to what extent does a group have control over its own economic destiny? Those groups which maintain economic superiority will, by extension, be those afforded higher status. With reference to the Luo and Kikuyu ethnic groups, it makes some intuitive sense to argue that as two of the largest ethnic groups in Kenya, both groups have a relatively high degree of control over the economic life of the nation. The true situation, however, is a bit more complex. It is true that the two ethnicities together comprise some 34% of the population, and individuals from these two groups have historically been active in the political and fiscal life of the nation. However, although a large number of urbanized, upwardly mobile Luos and Kikuyus have successfully accommodated their sense of ethnic diversity for the greater goal of economic prosperity, Berg Schlosser (1984) reports that many Luos are satisfied with the status of "employee" or "civil servant" while Kikuyus "are clearly the dominant ethnic group today, both economically and politically" (234). Even stereotypes of the two groups are reflective of their relative statuses in Kenyan society. The Luo are regarded by members of out-groups as friendly and peaceful, "hard working and diligent" in matters of education (Berg-Schlosser, 1984). By contrast, the Kikuyu are viewed by others as "hard workers" and

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39 industrious, especially in the business sector. Because of their success, the Kikuyu are seen as susceptible to corruption, "having many thieves and robbers among them" (Berg-Schlosser, 1984:66). Social status refers to the level of esteem a group affords itself. Arguably, both Luos and Kikuyus afford a high level of esteem to their groups both within the boundaries of their ethnic areas and outside their borders. This is evidenced with respect to the Luos by the existence of strong clan organizations in Nairobi and Mombasa. Even in the coastal city of Malindi, far removed from the Luo areas around Lake Victoria (Western Province), a large group of Luo women gather each day at the local soccer stadium to make traditional crafts, sing Luo songs, and dance traditional dances. Moreover, according to Berg-Schlosser's (1984) study, It can be said that the Kikuyu and Kamba, despite regional variations, traditionally showed the greatest degree of social unity. Next are the Maasai and the Luo, who, despite consisting of distinct "subtribes" in the past, demonstrate a great measure of cultural similarity and who have always been known to members of these groups themselves and to outsiders by a common "tribal" name. ( 202) The third criterion, sociohistorical status, refers to the extent to which groups have fought to defend and maintain their ethnic identity. The Otieno episode may very well be a prototypical illustration of the extent to which

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40 sociohistorical status is important to the Luo ethnic group. For a period of nearly six months, the Umira Kager Clan fought to maintain their traditional burial customs, the primary one of which states that the body of a Luo clansman must be returned to his ethnic area for interment. Finally, regarding language status, Giles et al. state, "language's history, prestige value, and the degree to which it has undergone standardization may be sources of pride or shame for members of a linguistic community" (312). Indeed, both Dholuo and Kikuyu are sources of pride within the communities in which they are used (cf. Kaplan et al., 1976). However, the linguistic situation in Kenya is complicated by the de facto national status of English and Swahili (cf. below). There appears to be a transfer of prestige value by Kenya's ethnicities onto one or both national languages. A very low percentage of Luos, for example, claim proficiency in Swahili, due in part to its status as a Bantu language and, during the early stages of Kenyan independence, the language of lower socio-economic levels (cf. Whiteley, 1974). In contrast, Luos (and Kikuyus) generally possess a high proficiency in English, due largely to its perceived status as the language of technology and economic success. Factors of linguistic code prestige are evidenced in two studies, one observational and the other a formal study by Parkin (1977). On several occasions during my 1988

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41 summer Swahili field study in Kenya, I visited the Luo craft guild of Malindi, described above. The guild members all used Dholuo as their conversational code among themselves. With outsiders such as myself they preferred English to Swahili, even though 1) they lived in a predominantly Swahili-speaking area, and 2) I attempted to converse with them in Swahili. Although they praised my level of "fluency" in Swahili, the women in the guild would use English with rare intermittent code switching to Swahili. Parkin (1977), in an important study of multilingualism in Nairobi, contends that code switching between English, Swahili, and ethnic languages has both socioeconomic and ethnic components. English, according to Parkin, is the "high diatype" in bilingual conversations, reflective of its status as the language of education and commerce. Swahili, by contrast, is likely to emerge as a middle diatype by seeming to transcend two kinds of social particularism: the localized particularism of a single ethnic group connoted by the use of the vernacular: and non-localized particularism of high socio-economic status connoted by use of English. (206) Demographic criteria play an essential role in the assessment of ethnic group vitality. Under the heading "demographics," Giles et al. (1977) distinguish three subheadings: "group distribution," "group numbers," and "institutional support."

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42 The vitality of an ethnic group is determined by the extent to which a group is tied to an ancestral homeland, and the extent to which that home area is a vivifying sociopolitical entity within the nation. Likewise, widespread distribution of an ethnic group often leads to a low sense of vitality. In the case of the Luo ethnic group, their attachment to their ethnic area remains strong (Berg Schlosser, 1984). This is evidenced by the distinction made between a "house" and a "home," an important issue in the Otieno case. Okoth Okombo (1987) points out that Dholuo has two words that represent the English equivalent "home." The first, dala, denotes both the physical structure and the ritual involved in blessing the structure. Dalas can only be constructed in Luo territory. By contrast, an ot denotes a physical structure only. There is no ritual involved in the construction of an ot. A Luo can possess an ot anywhere in the world, but can only own a dala in Luoland. Consequently, in his testimony before the Kenya Court of Appeals, Omolo Siranga, the Umira Kager Clan representative in Nairobi, stated, "Luos have houses but no homes in Nairobi." Therefore, Luo kinspeople are tied to their ethnic area because their "homes" are there. When a Luo kinsman dies, the body is returned "home" for burial. The group numbers criterion refers to such elements as birth rate, mixed marriages, immigration, and emigration.

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43 Specifically concerning language behavior in mixed marriage situations, Giles et al. argue that, subordinate groups are likely to maintain a higher degree of vitality when their language retention ratio is high, and when instances of ethnolinguistically mixed-marriages is low or favorable to the subordinate group. (314) Although the authors' point may have general validity, competition between individual and group goals may be an overriding factor affecting ethnic vitality. In the Otieno case, for example, it was revealed in the courtroom testimony of Mrs. otieno that she and S.M. predominantly spoke English at home, intermixed with Swahili. Her testimony also revealed that S.M. was "a cosmopolitan who adopted a Western type lifestyle" (S.M. Otieno, 1987:105). In other words, the Otienos' lifestyle could be characterized as one befitting persons whose values reflected such Western postulates as individual attainment and economic prosperity. Although the Otieno marriage was heterolinguistic and ethnically mixed, their individual goals as successful "westernized" citizens in a post colonial state superseded their distinctiveness as members of a particular ethnic group. According to the "institutional support" criterion discussed by Giles et al. (1977), those ethnicities with more highly organized political, social, and religious structures will tend to be more viable than those which are

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44 loosely organized. Further, groups which are heavily represented in the institutional hierarchy of the community and/or state have a higher degree of vitality than those poorly represented. Both the Kikuyu and Luo groups score highly in this area. Both have historically taken an active role in national politics since the advent of the colonial era. Occasions of interethnic conflict between Kikuyus and Luos have been occasioned by competition for ascendancy in the political arena. The formation of the predominately Luo KADU (Kenya African Democratic Party) from KANU (Kenya African National Union) resulted from among other things political disagreements along interethnic lines (cf. Ogot, 1968) . Having established functional criteria for analyzing the vitality of ethnic groups in a sociopolitical context, the Giles et al. discuss the notion of cognitive alternatives. Ethnic groups will perceive their stability or instability in terms of the extent to which the group believes its social position can be changed or reversed. In cases where no cognitive alternatives exist (i.e. in cases wherein little change in the sociopolitical status quo is perceived), group members may well adopt individual actions as a means of attaining a positive social identity. Self oriented actions, according to Tajfel (1974), bring about a positive social identity because individuals tend to compare

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45 themselves with other members of the in-group rather than with members of the more powerful out-group. Further, Tajfel posits that ethnic groups themselves can attain a positive change in their self-identity by: a) assimilating culturally with the dominant group, b) redefining the negatively-valued characteristics of one's own group as positive, c) creating new criteria for intergroup comparison, and d) competing directly with the more-powerful out-group. Luos, for example, have effected a positive self identity by directly competing with Kikuyus in both the political and economic sectors. Luos have also succeeded in establishing new criteria of comparison which conform to the sociocultural situation. Although urban Luo businessmen work alongside their Kikuyu counterparts toward the goal of achieving a higher standard of living, they rarely adopt their cultural postulates. Rather, urban Luos and Kikuyus embrace certain Western values which enable them to achieve their individual goals. Berg-Schlosser (1984) indicates that urban Luos are often seen wearing stylish Western business suits which give them the appearance of successful entrepreneurs. With respect to language use, minority groups which desire to build a more positive image may either adopt the linguistic characteristics of the dominant group or vary their language so as to be distinctive. Dominant groups, by

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46 contrast, will maintain their characteristic speech code when no threat is perceived to their dominance. Should a threat be perceived, members of the dominant group may vary their speech style to symbolize their distinctiveness. The situation in Kenya is complicated by the existence of two de facto national languages, English and Swahili. These languages and the sociocultural context in which they are used is the subject of the following discussion. Among the salient questions considered are, how was Swahili chosen as a national language? On what occasions is Swahili preferred to English? English to Swahili? And what cultural values are inherent in the use of the two languages? The Role of Swahili and English in Kenya The prominence of Swahili as a national language, according to Gorman (1974), increased after Kenyan independence in December, 1964. The parliamentary celebration of independence was occasioned by a speech in Swahili by President Kenyatta. It was on that occasion that a prominent member of Parliament, Dr. Waiyaki, commented (in Gorman, 1974),

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There is no question now of deciding whether or not Swahili will become the national language. The President of the Republic decided for us and we are committed to accept Swahili as the national language. (446) 47 As a national language, Swahili has the distinct position of promoting a sense of national identity for many Kenyans. Speaking and/or writing Swahili is symbolic of an individual's membership in the Kenyan Republic. As an African language, Swahili carries for individuals the connotations of "solidarity'' as Africans, "brotherhood" in an independent republic free of colonial rule, and "neutrality" as Kenyans rather than Kikuyus, Luos, Mijikenda, etc. Despite its de facto status as the national language of Kenya, the reality of Swahili's standing in Kenyan society is more complex. As Whiteley (1974) points out, situations of multilingualism abound in Kenya, especially in the cities and towns, where the means of communication are sufficient, where personal mobility is high, and where there are linguistically heterogeneous communities. Eastman (1981:20) further acknowledges that not only is there a "trifocal language situation" in modern Kenya (an interplay between English, Swahili, and numerous ethnic languages), but the status of Swahili itself has evolved to the extent that there are two, and perhaps three, distinctive dialects spoken in Kenya (diglossia). According to Eastman, the high

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48 diatype, known as Kimvita, "is characterized by a strong grammatical and literary tradition" (20). The low diatype, used primarily for communication between people of widely divergent linguistic backgrounds, is an admixture of standard Swahili and local languages and/or linguae francae. As Eastman (1984:299) states, For people who have been educated in Swahili, or whose parents were and they now have it as their first language, the general Swahili variety they mean when they say they know Swahili is the standard (high diatype). For people who learned Swahili in multilingual towns or villages as a way to communicate with people with whom they had no other mutually intelligible language in common, the general Swahili variety they mean when they say they know Swahili is a pidginized (Mixed) form and, in particular, a form geared to the purpose they have in using it or to the people with whom they need to use it. (298) A third variety, the old standard Swahili (the language of those who perceive themselves as being Waswahili (''Swahili people") exists. But, as Eastman points out, it is spoken primarily by speakers whose Ll is Swahili. Eastman, in a 1984 study, concludes that the growing number of speakers who both promote and actually use the high diatype (Kimvita) are educated, non-native speakers of Swahili, while non-educated, non-native speakers are likely to use the low "mixed" diatype. The data presented and analyzed in Chapter Six (see below), seem to both support and disconfirm Eastman's conclusions. Two of the experimental respondents, both

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49 highly educated, spoke the high diatype Kimvita. They indicated, however, that they seldom speak Swahili in everyday conversation. However, they both stated that they had taught Swahili, and were more accustomed to using the "proper standard" Swahili (in this case, Kimvita) with their students. By contrast, two of the experimental respondents, also both highly educated, non-native speakers of Swahili, spoke a pidginized form of Swahili, indicating that they too rarely use Swahili, and only when communicating with people from different linguistic backgrounds, especially with persons of lower socio-economic status. The data appear to exhibit a pattern whereby the Swahili diatype chosen by educated, non-native speakers is partially driven by contextual-cum-pragmatic variables. If a speaker is conversing with another educated person, and the interlocutor chooses Swahili as the code, that speaker will likely use a high diatype (usually Kimvita). At the same time, if an educated speaker is conversing with someone who lacks education, the code chosen will probably be a mixed variety of Swahili. More research needs to be done in order to confirm or repudiate this pattern. The choice to use the high diatype of Swahili or the mixed (low) code is partially determined by ethnic makeup. According to Parkin (1977), ethnic groups in Kenya continue to maintain a high degree of distinctiveness. An individual's ethnicity provides a filter through which

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50 people understand who they are. Moreover, ethnicity equips individuals with a recognition of their unique place in society. Consequently, an individual's close friends are likely to be chosen from among one's own ethnic group. As Parkin's research demonstrated, this is true even for those individuals living in large metropolitan areas. The type of Swahili code chosen, accordingly, will be determined by the extent to which the group using the code views themselves as being distinct from out-groups. In other words, as Parkin discovered, Luo groups in Nairobi will speak a mixed variety of Swahili, which is interlaced with Dholuo lexemes, when they wish to assert their group distinctiveness. In contrast to Swahili's general position as a middle diatype in a triglossic culture, English represents the language of progress and education. According to Whiteley's research on Kenyan multilingualism (1974), few non-Bantu speakers claim a high degree of proficiency in Swahili because there is more incentive for them to learn English than Swahili, especially in cities and towns. Furthermore, there appears to be a fairly strong aversion among non-Bantu speakers to learning Swahili. Among Bantu speakers, although a sizable percentage claim proficiency in Swahili {over 80%), an equally large percentage claim proficiency in English. What these findings {supported by Parkin, 1977) appear to indicate is that Swahili and English are in competition, with English being appropriated as the language

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of upper class professionals and middle class civil servants, the highly educated, and the upwardly mobile. Swahili, by contrast, is the language of "blue-collar workers." Parkin argues that English may even be a long term threat to Swahili in the towns and cities due to the flood of young, educated, English-speaking migrants from rural areas. 51 In summary, the position of Swahili in the Kenyan context can be viewed in two distinct ways, which may, at first glance, appear paradoxical: 1) Swahili is an important champion of national unity and African identity, and 2) the use of Swahili indicates an individual's social status in the culture. These two facets of the role of Swahili in Kenyan society were confirmed during my visit to Kenya in 1988. At the University of Nairobi, an auditorium full of young students listened to political speeches in Swahili concerning the importance of being "African," the importance of supporting one's Kenyan identity over one's ethnic designation. Outside the auditorium, students were milling about talking to one another in English about a lecture they had just heard, about the world political situation, and about their future plans and goals upon graduation from the university. That very afternoon, back at the hotel, the manager, who was Kikuyu, was severely berating one of the employees, a Luo, for his laziness and inefficiency.

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Although both regularly conversed with each other in English, the manager used Swahili to rebuke the employee. The Role of the Press in Kenya 52 In the discussions above, it has been demonstrated that the notion of ethnicity plays a powerful role in Kenyan society. Moreover, communication among individuals or groups of individuals is often complicated by ethnic values. The question remains, however, is ethnicity a significant issue in the Kenyan press. I will argue, using data from the Swahili-language weekly, Taifa Weekly, that stories highlighting national goals supersede ones involving ethnicity. I will posit that, although stories overtly concerning "ethnicity" are rare in the Kenyan press, when incidents involving ethnic groups warrant press coverage, they are almost without exception the edition's lead story. In order to establish a basis for analyzing the Kenyan press' philosophy toward the overt coverage of ethnicity, we must examine African press values in general. Ochs (1986) argues that the African press is guided by four predominant values: "psycho-political security," "ideological kinship with neighboring countries," "imperatives of national policy," "serving the national image." Conditions of political instability in post-colonial Africa generated among government and press organizations (which are, in many cases, official "mouthpieces" for the

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53 government or ruling party) the need for reassuring news. Even in Kenya, where the two largest circulating dailies, Daily Nation and Taifa Leo, are foreign owned, and where the press enjoys relative "freedom" to print news critical of the government, the overwhelming number of stories are favorable to the government or heavily edited so as to be fairly devoid of politics. In the main, the Kenyan press adheres to a philosophy of the role of the press established by the late President Joma Kenyatta in a 1978 speech. The influence for good exerted by the press should be rooted here in the desire to inform and inspire the people. The press should positively promote national development and growing self-respect. And the press should always seek to coalesce, rather than to isolate, the different cultures and aspirations and standards of advancement which make up our new nation. (in Wilcox, 1987:574) Although it may be admirable to suggest that the Kenyan press continues to be guided by such lofty ideals, the reality of the situation is quite different. Journalists, especially those who work for the foreign owned Daily Nation and Taifa Weekly/Leo, are often harassed and imprisoned for writing stories critical of governmental policy. Ochs (1988) reports that six journalist from Daily Nation were detained for six days in 1981 for violating one of the press control laws. Daily Nation had been critical of the government's handling of a nation-wide doctors strike. Shortly afterwards, President Moi stated,

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The persistent rebellious attitude of those concerned with the selection of editorial matters within the Nation newspapers cannot be viewed as being in the interests of the state. They can only be described as sectarian and tribally motivated. (in Ochs, 1988:21) 54 Moi's statement is particularly significant in light of this present discussion. Matters of ethnicity are viewed, at least officially, as being contrary to national goals of unity and modernity. It would follow, given the fact that the Kenyan press prints stories largely favorable to the government or risk reprisals, that overt news stories regarding ethnicity would not be among their highest priorities, unless either the content of the story was out of the ordinary or involved prominent figures, both conditions of which were fulfilled by the Otieno episode. The second value suggested by Ochs is, what he terms, the "community of interests." Basically what is meant by "community of interests" is intraregional affinity. African press organizations feel "an ideological kinship" with those of neighboring countries, and will more likely highlight African stories, especially those involving interregional neighbors, than stories from non-African nations. This value is significantly manifest in the Kenyan Press. During the period between January 3 and December 19, 1987, Taifa Weekly ran 18 front page stories which can be classified as "foreign" news. Of those 18 stories, only three involved non-African states. And of the 15 "African" articles, 9

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55 covered situations in East Africa (8 concerning Uganda, with which Kenya was having a major dispute). The remaining six articles all pertained to such inter-African conflict situations as the Libya-Chad war, the assassination of the President of Burkina Faso, the death of President Bokassa of the Central African Republic. I would argue that the third and fourth values, suggested by Ochs, are interrelated, and for our discussion will be addressed together. Ochs argues that the African press places a great deal of emphasis on the "imperatives of national policy," and "serving the national image." Editorial policies of many (if not all) African press organizations favor stories which view the nation in a positive light. This value appears to hold throughout Africa, whether the press is considered generally independent of governmental control (such as the Nation newspapers of Kenya), or whether the press organization is the "mouthpiece" of the government in power (such as Kenya Times, which was established by President Moi as the official newspaper of the ruling KANU party). The salience of this value was tested by surveying the front page articles of the 1987 offerings of the Swahili language weekly, Taifa Weekly (see above & Table 2.1). In all, 196 stories were surveyed vis-a-vis their major topic. Articles were then categorized as follows: politics, ethnicity, crime, human interest (which includes disaster

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Table 2.1: SUMMARY OF TAIFA WEEKLY ARTICLES POL. ETH. CRIME HUMAN WORLD ECON. OTHER #art. 96 13 36 13 18 13 7 %art. 49 6.6 18.4 6.6 9.2 6.6 3.6 #lead 26 12 6 1 3 1 1 %lead 52 24 12 2 6 2 2 stories (automobile accidents, airplane crashes, fires, drownings etc.), world events, economics/business, and others (sports, stories about religion and the church). 56 The survey revealed that of the 196 articles surveyed, 96 stories (48%) concerned national politics. Moreover, 40 of the 96 stories directly pertained to President Moi's activities as President of the Republic. The majority of these included highlights of speeches made to various political and trade organizations and civic groups. The full significance of political stories in Taifa Weekly can be discerned from the number and percentages of leads afforded to political articles. As Table 2.1 evidences, 26 lead articles (out of 50 editions surveyed) or 52% pertained to political situations. The survey also revealed some interesting results concerning the general status of ethnicity in the press. Table 2.1 indicates that Taifa Weekly covered the Otieno episode as a lead article (characterized by 80 point type headlines, and located right under the newspaper

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57 identification banner) on 11 occasions while the case was making national news (January 3 May 23, 1987). After the May 23rd edition, ethnic issues were not included in front page stories again until October 31. On that occasion, the lead article described a speech by President Moi, wherein he decried "ethnicity" in politics. Moi indicated that he was convinced that ethnic partisanship was at the root of national disunity, and he called on all politicians at both the national and local levels to cease interjecting ethnic values into political action. Instead, he said, Kenyans need to espouse "oneness" and "unity." After this story, ethnicity was not mentioned again on the front page for the remainder of the year. During the Otieno affair, interestingly, Taifa Weekly continued to run stories describing President Moi's activities, as well as the ongoing political activities of the nation. However, not at any time during this period did Taifa Weekly print reactions by political functionaries (especially President Moi) to the Otieno episode. It seemed as if Taifa Weekly wanted (or expected) the reader to believe that the Otieno episode was a separate issue from the sociopolitical life of the nation. But as The Weekly Review intimated in a May 22, 1987 exclusive, the Otieno episode evoked considerable debate judging from the reactions of a number of Members of Parliament interviewed immediately after the final judgment was rendered. One such

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58 Member of Parliament, Dr. Josephat Karanja, MP for Methare, stated, As soon as Parliament resumes, I am going to put the burial matter on the order paper again. It is quite clear that the laws as applied now are discriminatory to widows. I think we ought to have laws governing the disposal of people's remains so as to indicate, whenever possible, who should be responsible for the burial of a spouse . . . . The main thing is to bring customary laws within the ambit of written laws. I know it is not going to be easy because people have very divergent views and backgrounds. (25) Is ethnicity, therefore, a significant issue in the press? In general, probably not although I would argue ethnicity remains a covert issue. However, the complete answer to this question hinges on the extent to which episodes in which ethnicity is the most important causative factor (perceived or real) impact the political system of the nation. Ethnicity can be used as a convenient defense for sociopolitical unrest. This was evidenced in a recent editorial in the English-language daily Kenya Times, the official "mouthpiece" of KANU. The editorial stated that the current dissension over the continuance of a one-party state in Kenya can be attributed to ethnic loyalties, especially among the Kikuyu (Wanyande, 1990, personal communication). Moreover, we have seen that the Otieno affair had an enormous influence on practically every facet of Kenyan life, politics, law, social customs, not to mention the "traditionalism" vs. "modernity" debate. It is

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59 significant, that the Kenyan Press, in this case, Taifa Weekly. chose to report only the details of the trial itself. Notably absent were stories covering the reactions to important legal decisions by significant political figures. What appears to be operating are journalistic values (manifest in editorial policies) which emphasize security amid threats to the social fabric of the society, and a national policy of unity amid diversity. Conclusion This chapter has been dedicated to cataloging and analyzing a variety of sociocultural features inherent in Kenyan society in general, and in the Otieno episode in particular. I have demonstrated that ethnicity is an important factor in virtually every sphere of Kenyan life, most especially politics. Conflicts between Luos and Kikuyus, which have deep historical roots, are primarily exhibited in the political arena as a competition for political power and in the economic sphere as a competition for goods and services. The Otieno episode simply brought into focus deep-seated ethnic rivalries. I have also shown that ethnicity affects not only communication between individuals and groups, but it also influences language choice, especially the choice between Swahili and English.

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60 Finally, a number of journalistic values common to the African press were discussed in terms of their pertinence to the Kenyan press. It was shown that these values affected the way Taifa Weekly reported the Otieno episode vis-a-vis political and other events in Kenyan life. As we shall see as the discussion progresses, these sociocultural factors directly influence the linguistic analysis of press discourse. Moreover, as will be demonstrated in Chapter Six, values pertaining to ethnicity as well as opinions concerning the role of the press in society motivate newspaper readers' interpretation of stories relating to the Otieno episode. Notes 1 According to Wanyande (communication), the 1980 official Kenyan census, slated to be published soon after the data was compiled, was declared null and void by the government due to counting irregularities. Population figures of some ethnicities were inflated to increase their representation in the Kenyan Parliament. Therefore, the census figures of 1979 are the latest published population statistics available. 2 This may be a partial explanation for the fact that Mrs. Otieno received very little overt support from Kikuyus (Kimani wa Ngoju & K. Kazungu, personal correspondence). During the protracted Otieno episode, neither the Daily Nation nor Taifa Leo/Weekly made any mention of community support in the form of harambees (fund raising events) on behalf of Mrs. otieno. Both newspapers did, however, mention clan fund raising activities for legal services incurred by Luo litigants.

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CHAPTER THREE COGNITIVE VARIABLES IN DISCOURSE ANALYSIS While the focus of Chapter Two was on those contextual variables which influence communicative events, Chapter Three examines the role of human cognition, specifically "schema theory (framing), in the understanding and interpretation of discourse. Events in the lives of human beings do not occur in isolation. The very nature of an "event" presupposes that it was experienced by one or more persons who interpreted the circumstance in a particular way vis-a-vis their own world view. The Otieno episode, for instance, would probably not have generated such controversy had various individuals not understood the event from widely conflicting view points. In other words, what created saliency in the Otieno episode was neither the death of Mr. Otieno nor the necessity of interring his body. Rather, what made a commonly occurring, natural event a controversy was what the witnesses to the event perceived as being important, i.e. traditional Luo law in direct conflict with Western law. Therefore, to fully understand an event, it is necessary to not only have a broad understanding of the context in which the event happened, but also to comprehend how events are 61

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62 interpreted and analyzed by human beings. To accomplish this it is necessary to understand the nature of human cognition. How is knowledge organized in the human mind? How are some concepts rendered relevant while others are deemed relatively unimportant? Some qualification is in order before the discussion cautiously proceeds. The nature of human cognition is a vast subject area. Although an immense literature concerning the nature of human cognition has been produced, the character and scope human knowledge is still speculative and controversial. This chapter deals with a single metaphor, "schema theory" (framing). It is presupposed at the outset that "schema theory" is simply a convenient metaphor for explaining how knowledge is organized in the human mind, but does not define the totality of human knowledge. The goal of this chapter is to investigate the nature of "schema theory" (framing) and its effects on the production of textual discourse. I will proceed with an in depth examination of current research into the nature of schema theory, focusing some attention on how human beings process the information they perceive. Next, I will investigate the role of human cognition on the production and interpretation of written discourse, focusing specifically on a variety of semantic and syntactic variables. Further, I will show through the analysis of two news texts, one in Swahili and the other in English, that

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63 the application of cognitive variables to written discourse has heuristic value cross-linguistically. The Nature of Schema Theory When journalists write stories covering events of interest, they utilize their knowledge of the world to interpret those events to the reading public. Likewise, when people read those stories, they use their knowledge of the world to understand them (cf. Potts & Peterson, 1989). One way of discussing how knowledge is organized is in terms of a networking of concepts called "frames" (Tannen, 1979). When a certain concept is instantiated by a text, it is suggested that other related concepts within the frame network are also instantiated, some more highly activated than others (Deane, 1989). The point at which the network, or "frame," is entered determines which concepts are "foregrounded" and which are "backgrounded." The use of the term "foreground" in this case refers to those concepts which, in Chafe's (1987) theory, have been activated in the mind of the reader and do not require a great deal of time nor energy to process. Sperber and Wilson (1986) term this type of information "relevant." The instantiation of highly salient, relevant concepts may activate the instantiation of other salient concepts viz. "spreading activation," a metaphor which attempts to

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explain how concepts are connected in human cognition. According to Deane (1989), Attention (within a frame) is represented quantitatively as the degree of "activation" of a concept; thus, the more active a concept is, the nearer it is to the focus of attention. Furthermore, the theory claims, activation tends to spread from a highly active concept to its neighbors in the conceptual network. For example, if I am focusing my attention on a house, I am also paying attention to its roof, since the two concepts are connected to each other in semantic memory. (36) 64 If an activated concept is mentioned several times, or is continued throughout the text (usually by means of anaphorization), it is considered "entrenched'' information. "Entrenched" concepts are considered foregrounded because they are easy to process since their subsequent mention continues to keep the concept activated in the mind of the reader. "Background" information refers to those concepts which have been activated by the instantiated frame and are capable of being activated, but only at a cost of time and energy to the reader. There has been a plethora of research recently into the nature of human cognition. Specifically, researchers have been interested in the representation of concepts in human memory and the strategies used to store and retrieve those concepts.

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Tannen (1979) hypothesizes that frames, the representation of information in memory, are what enable humans to make sense of events in the world . She argues that the foundation of the theory that human cognition is organized in terms of conceptual networks is, The realization that people approach the world not as naive, blank-slate receptacles who take in stimuli as if they exist in some independent and objective way, but, rather, as sophisticated veterans of perception who have stored their prior experiences as an organized mass, and who see events and objects in the world in relation to each other and in relation to their prior experience. This prior experience or organized knowledge takes the form of expectations about the world, and, in the vast majority of cases, the world confirms these expectations, saving individuals from having to figure things out anew. (144) 65 To confirm the theory that not only is human cognition organized in terms of conceptual networks of information learned through human experience, but that these networks are organized hierarchically, she asked a group of native Greek and English speakers to recall events from a short film they had been shown. She found that the respondents not only frame the information presented to them, but they also construct contextual frames which interact and overlap with the informational frame. These contextual frames include the respondents' attitudes toward participating in an experiment, being tape recorded, being interviewed, and the environment in which they were interviewed. Contextual

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66 frames, she concludes, affect responses to recall tests and must be considered in the analysis. Further, Tannen asserts that a person's expectations of an event impacts their recall of the event. Respondents cannot recall everything. Rather, they will remember those concepts and events which are salient to their expectations of the story. Respondents may exclude an event from recall that another respondent views as being central, and vice versa. Tannen found that respondents were selective in what they chose to omit and include, sometimes choosing to insert descriptions of events which were not a part of the film. Selective memory is an important factor in the production of news texts. A journalist covering an event cannot possibly report every single detail. Rather, he/she will include or highlight details which best fit the schema or slant he/she has decided to convey. The final product, i.e. news text, will "possess" implicit and explicit knowledge about the writer's perspective and convey the writer's sociopolitical perspective on the event (cf. Freedle, Naus, & Schwartz, 1978; Frederiksen 1978). For example, a lead article appeared in the May 2, 1990, edition of the Gainesville Sun which covered a collision between a bus and a car. No one was seriously hurt on the bus but a passenger in the car was killed. In the story's lead, the reporter included the major details of the story but interpreted the accident from the point of view of the

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67 occupants of the bus rather than the car, even though the occupants of the car fared far worse than those in the bus. To understand, albeit partially, why the reporter chose this particular point of view, it is necessary to consider the larger context of this particular situation. Two years ago there was a fatal bus accident in Levy County (adjacent to Alachua County, of which Gainesville is the county seat). The Gainesville Sun not only ran the story as its lead in the edition immediately following the accident, but also ran a series of articles on bus safety. In other words, in the aftermath of the Levy County tragedy, the press created a heightened sensitivity among residents of North Central Florida to accidents involving busses loaded with school children. The slant of the Sun's reporter in the May 2 article is reflective of both the serious nature of this particular accident itself, and of school bus accidents in general, especially since there was the potential that the accident could have been much worse. Tannen concludes that information 1s not only organized in terms of conceptual frames, but that these frames are interactive and hierarchical, some networks being more central than others depending upon the intention of the respondent. An important study concerning the nature of cognitive processing was conducted by Shiffrin and Schneider (1977). Like Tannen, Shiffrin and Schneider argue that human memory

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68 is a large collection of interrelated networks of concepts which are established though the learning process. These interrelated networks, according to Clark and Haviland (1979), are contained within long term memory, and are available for activation. Some of these networks and their related concepts are easier to retrieve than others. Given a particular input, certain networks will be "automatically" activated every time that input is present. Activation vis-i-vis "automatic processing" is extremely fast, almost instantaneous. An anecdotal example may be illustrative of automatic processing. Not long ago I had a conversation with a Tanzanian friend from Bukoba, a town in the northwestern part of Tanzania near Lake Victoria. I mentioned the fact that I had met and spoken to "Okoth-Okombo" regarding the Otieno episode. My friend replied, "Okoth-Okombo should know about it since he is a Luo." In other words, the mere mention of the name "Okoth-Okombo" activated into my friend's consciousness a network of concepts wherein "Luo" was the most relevant. The reason I believe the name alone activated the network is because my friend neither knows Okoth-Okombo personally, nor is she familiar with Okoth Okombo's work on the Otieno episode. Shiffrin and Schneider (1977) further distinguish a second type of processing they term "controlled processing." Controlled processing is the temporary and sequential

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69 activation of a network of concepts into short term memory. Because, as Shiffrin and Schneider speculate, human beings are limited capacity processors, only one such network can be activated at a time without interference from other concepts (cf. Chafe, 1980}. In contrast to automatic processing, controlled processing, according to McLaughlin {1987), is not "a learned response," and is not accomplished without costs in time and energy. According to Shiffrin and Schneider {1977), concepts become automaticized, i.e. available to be automatically activated given the right input, through first being regulated by controlled processing. In other words, concepts must be activated in short term memory repeatedly in order for them to be learned and become an established part of a person's conceptual framework. Once a concept becomes ensconced within a conceptual network in long term memory, that concept has the potential of being activated by automatic processing with relatively low time and energy costs. Research by Abbott et al. (1985) support and extend the work of Shiffrin and Schneider. According to Abbott et al., information is organized in memory such that readers have access to relevant information while ignoring unimportant material. The authors term this organization "scripts" which corresponds to the "conceptual nodes" proposed by Shiffrin and Schneider. "Scripts" represent the knowledge

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70 of commonplace, well-practiced stereotypic events persons have experienced over time. When one concept is activated, others are also accessed. Chafe (1980) designates this process "idea unit" activation. consider one such script, "reading the newspaper." For example, a regular reader of one or both of the Kenyan dailies, Daily Nation and Taifa Leo, "knows" that the headline together with the first paragraph of a story, or "lead," summarizes the main point of the article. It is probable that the reader also "knows" that the lead article occurs on the front page, midway down, bordered by a photograph. Moreover, the lead story's headlines are larger than those of the other stories on the page. Therefore, when a reader picks up a newspaper, his/her attention is immediately drawn to the lead article's headline and lead, because he/she "knows" how to read a newspaper, i.e. how to glean the most important information without expending an abundance of time and energy in the process. Scripts, such as reading the newspaper, are significant in human cognition because, without some mental representation of stereotypical actions and events, humans would expend a significant amount of time executing even the most mundane task. How scripts are arranged in memory is a question with which Abbott et al. deal significantly. They argue that three possibilities exist. The first is that information is serially ordered in memory. That is, "each event is linked

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71 to prior ones in time" (182). When an event is accessed, related events prior and/or subsequent to the accessed event are also activated. A second possibility exists that scripts are organized hierarchically. Events are broken down into component superordinate actions called "scene headers." These are further divided into sub-actions which consist of detailed actions pertaining to the scene header. The third possibility is that scripts are multiply organized, that is arranged both serially and hierarchically. Abbott et al. argue that representations of scripts in memory are ordered hierarchically as opposed to serially. They show through a series of memory tests that people tend to remember events mentioned "high in the story hierarchy." In other words, their subjects recalled superordinate categories far more frequently than subordinate categories. Research by Clements (1979) supports the findings of Abbott et al. According to Clements, activated information is ordered hierarchically. "An old topic (i.e. information which has previously been instantiated) retains the level of its previous mention, while a new topic (i.e. information which has just become activated through controlled processing) is placed one level below (instantiated information)" (290). Clements further argues that writers choose participants/entities a reader may easily activate and keep instantiated (through automatic processing). The

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72 choice of these easily instantiated entities, according to Downing (1980), is often based on such "subjective" cognitive factors as: the writer's background (and/or editorial policy of the newspaper), the writer's perception of the background of the reader, the writer's attitude toward the event or person being discussed, and the writer's goal in producing and maintaining objectivity. A study conducted by van Dijk & Kintsch (1983) demonstrates the relationship between human cognition and written discourse. According to van Dijk & Kintsch, concepts are represented in memory as networks. Upon encountering new information, a reader will search (unconsciously and instantaneously) his/her memory for the concept or a related concept. If the concept or a related one is found, it will be activated into short term memory along with related, relevant concepts. The concept will remain active as long as the discourse continues to highlight it. If, on the other hand, a search of the reader's memory does not produce the concept frame, the reader will attempt to incorporate it into his/her memory store (cf. Dell, McKoon, & Ratcliff, 1983). New information has a higher probability of being processed if it becomes relevant information in the discourse, or if the concept is related to a relevant topic. Regarding instantiated information, van Dijk & Kintsch posit that participants/themes referred to more than once

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73 are likely to be more accessible in terms of less processing time, and are more likely to become integrated into the reader's long-term memory store (cf. Morrow, 1985). Participants which are referred to a single time will likely not be processed into long-term memory. Van Dijk & Kintsch conclude that the process of discourse comprehension, that is, searching long-term memory for related concepts and integrating new information into the cognitive network system, "results in a mental representation of the utterance which is a model of the state of affairs being described" ( 121) . The conclusions reached by the research reviewed and analyzed above are appealing from that standpoint that they all support the notion that human knowledge ("knowledge of the world") is organized in terms of networks of interrelated concepts, or "frames." The notion of framing is significant in that it serves an important link between events in the real world, persons' perceptions of those events, and the manner in which texts are composed and interpreted. The following section will discuss the connection between cognitive conceptual networks and

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semantic hierarchies employed in news text production and interpretation. The Nature of Human Cognition and Semantic Hierarchies 74 To illustrate how cognitive framing functions in press discourse, consider the following scenario. Suppose a Kenyan reader or a reader knowledgeable about Kenyan culture reads the following article in the Kenyan press describing a traffic fatality. (1) Dereva wa jeshi afariki ajalini Lamu (adapted from Taifa Weekly, Monday, July 18, 1987) Dereva wa jeshi aliuawa na wengine wanne wakajeruhiwa vibaya wakati lori waliokuwa wakisafiria lilipopinduka katika Mokowe karibu na Lamu, alhamisi. Kulingana na habari, dereva anayetolewa Juma Okoth-Ogendo alifariki papo hapo hali wengineo walipelekwa hospitali ya Lamu na kulazwa wakiwa na majeraha mabaya. Wawili kati yao walipewa matabibu dharura na kusafirishwa kwa ndege hadi Mombasa jana kwa matabibu zaidi. Kilichosabibisha ajali hiyo hakijulikana au mahali halisi ajali ilipotokea. Waliosafirishwa hadi Mombasa walitambuliwa kuwa Joseph Kanjata aliye muuguzi na afisa katika Huduma ya Vijana wa Taifa, na Bw. Juma Said. Wamelazwa katika hospitali kuu ya mkoa, Mombasa na hali yao haikujulikana mara moja. Majina ya walolazwa Lamu hayakutambuliwa pia. English gloss: Army Driver Dies in an Accident in Lamu An army driver was killed and four others badly injured when the truck in which they were riding overturned in Mokowe near Lamu, Thursday. According to reports, the driver, identified as Juma Okoth-Ogendo, died at the scene while the others were taken to Lamu hospital and were admitted with serious injuries. Two of them were

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given emergency treatment and flown to Mombasa yesterday for further treatment. The cause of the accident is not known nor the exact location where the accident occurred. Those taken to Mombasa were identified as Joseph Kanjata who is a medic and an officer in the Huduma wa Vijana wa Taifa, and Mr. Juma Said. They were admitted to the central regional hospital, Mombasa, and their conditions were not immediately known. The names of those admitted in Lamu were not identified either. 75 The mention of the accident (ajali) in the headline activates an "accident" frame which is informed by the readers past experiences with accidents. In other words, a number of conceptual networks will be automatically activated when ajali is mentioned. It is likely that the reader's accident frame consists of three interrelated networks, represented in (1). (2) LOCATION SITUATION~/ ~ARTICIPANTS As the reader scans the article, and as details about this particular accident are revealed, networks of relevant and backgrounded concepts are built by means of controlled processing. It is likely that the most highly relevant concepts are "participants" due to their status as paragraph topics. These concepts are topicalized as subjects of the majority of the sentences. As a result of mentioning the main participants in the accident, other salient concepts in

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76 the participant frame are activated and have the potential of being called up into the reader's short term memory. The network in (3) is illustrative of the instantiation of concepts in the participant frame. (3) /PARTICIPANTS~ THE ONE WHO WAS KILLED THE ONES WHO WERE INJURED ! DRIVER ! JUMA OKOTH-OGENDO ! Lyo~ LAKE VICTORIA NILOTES /PASSENGERS FLOWN TO MOMBASA ADMIT~ IN LAMU ! \a JOSEPH KANJATA JUMA SAID l ! GIRIAMA 1 SWAHILI *The arrows indicating the activation of relevant concepts have been included in the diagram. The dual arrows designate highly relevant concepts within the frame network. The single arrows designate relevant but secondary concepts. Backgrounded participants are indicted by a single line. These diacritics will be used hereafter. It is immediately apparent that Tannen's (1979) notion of levels of framing is important. Tannen suggests that language users not only produce frames instantiated by the immediate context, but also construct contextual networks which overlap and intertwine with foregrounded, relevant concepts. These frames include attitudes, values, and role relationships, concepts from the sociocultural context of the writer and reader. Knowledge of the world and knowledge of context play an essential role in the construction of conceptual networks in that they determine which concepts will be relevant and

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77 which will be backgrounded. In terms of the article above, the driver who was killed is identified as JUMA OKOTH OGENDO. Prior/learned knowledge of Kenya and its ethnic groups enables some readers to identify Mr. Okoth-Ogendo as a member of the Luo group. Depending upon the depth of the reader's knowledge of the Luos, further instantiations in the frame are possible, such concepts as LAKE VICTORIA or KISUMU (important sites bordering or in the Luo ethnic area) and NILOTES (designation of the Luo people re. the language they speak). The same can be said of the ethnic information of those injured in the accident, i.e. the concepts GIRIAMA linked to JOSEPH KANJATA and SWAHILI linked to JUMA SAID. These concepts are secondary to the story, i.e. backgrounded, and constitute semi-active information (capable of being accessed) in the reader's mind. In order for these backgrounded concepts to become relevant information, the writer would have to mention one or more of them a number of times, coding them syntactically as highly continuous or identifiable topics (cf. Chapter Four). With further mention, reader may be able to processing these concepts with relatively little time or effort. Having this notion of framing in mind, the question arises, are there concepts which by their very nature are easier, less costly to process? In other words, are there certain concepts belonging to particular semantic categories which are highly relevant and are more easily processed by

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78 the reader? Two recent theories, one proposed by Michael Silverstein (1976), and the other by Susumu Kuno (1976), have important implications for the production and interpretation of textual discourse based on cognitive principles. Their heuristics can easily be applied to both Swahili and English discourse. In an important study on the semantic features of split-ergative languages, Silverstein (1985) proposes a hierarchy of features which, when applied to languages exhibiting features of split-ergativity, accurately predicts those instances where ergative-absolutive case markers will be used, and those instances where nominative-accusative markers will be used. (3) SILVERSTEIN HIERARCHY MOST LIKELY TO BE ENTRENCHED FIRST PERSON SECOND PERSON PROPER HUMAN ANIMATE INANIMATE LEAST LIKELY TO BE ENTRENCHED Although Silverstein's hierarchy is a useful predictor of case marking in split-ergative languages, it has wider applications. I would suggest that it is a useful bi directional heuristic for explicating the nature of conceptual relevance in human cognition. If, according to

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79 the Silverstein hierarchy, first and second person indexical pronouns as well as proper and human nouns are more likely to be marked in the ergative case (representing the semantic agent of a transitive verb), it is highly probable that these participants would be entrenched or foregrounded in the reader's mind. Likewise, those participants lower on the hierarchy, marked absolutive (semantic patient/syntactic subject of an intransitive verb), would be less likely to be foregrounded or instantiated in the reader's mind. The predictions which the Silverstein hierarchy allows us to make correspond nicely with the heuristic developed by Kunc. Kuno (1976) proposes a "hierarchy of empathy," which is a representation of the writer's attitude toward the participants in an event. "Empathy" can be likened to "camera angles," whereby a writer will choose to focus upon a certain participant in one instance and another in a different context. Kuno, in a study he co-authored with Kaburaki (1977), gives the following examples to illustrate the concept of empathy: (4) a. John hit Mary. b. John hit his wife. c. Mary's husband hit her. d. Mary was hit by John. (Kuno & Kaburaki, 1977:627) In (4a}, the writer chooses to report the event "objectively," that is, the camera is placed at some distance from John and Mary" (627). Without the context to

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80 further explicate the sentence, neither participant is in more obvious focus that the other. However, in (4b), "John" is in closer focus due to the fact that he is mentioned by name. The reference to "Mary," on the other hand, is made in terms of John. The focus is reversed in (4c). The writer has chosen to put Mary into sharper focus by referring to her by name as a possessive referent in the initial NP. "John" is viewed vis-A-vis Mary. Finally, through passivization in (4d), the writer expresses an attitude toward the participants by fronting the object into the grammatical subject position, and by backgrounding the logical subject in a by-phrase. The camera is placed closer to Mary than John. Through his work with both Japanese and English, Kuno proffered certain assumptions regarding the nature of empathy in discourse. Concerning the issue of old and new information, he asserts the following: (5) It is easier to empathize with arguments already in the active file of the writer (topicalized arguments) than with arguments just activated or introduced into the narrative. The reader will have much less difficulty focusing upon participants which, after having been introduced into the narrative, are mentioned several times. Readers are capable of automatically processing continuous or highly identifiable participants, while participants just

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81 introduced into the narrative require processing time. Kuno's contention is supported by Lorch, Lorch, and Matthews (1985) who experimentally showed reading times to be significantly shorter if a newly introduced topic is directly related to the preceding topic. Conversely, reading times were notably slower when the new topic had no relation to the preceding topic. To illustrate, consider the following example from McGarry (1988). (6) Mr. Otieno is survived by a wife, four sons, five daughters, six foster children, and two grandchildren. This sentence appeared midway through the December 20, 1986, Daily Nation article which announced the death of the prominent Nairobi attorney, Mr. S.M. Otieno. The first mention of Mr. Otieno in the story's lead creates a conceptual frame work in the reader's mind which includes the identity of the main participant, i.e. Mr. Otieno's name, and the action effected upon him, he died. As the narrative about Mr. Otieno continues, the reader is able to automatically process references to him. Moreover, readers will have little difficulty constructing a "surviving relations" frame because it is connected, albeit secondarily, to the highly instantiated, foregrounded concepts of the discourse, i.e. Mr. Otieno and died. This interrelationship is diagrammed in (7).

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82 (7) S.M. Otieno <---------~ Died .,,..-----Kinshf p Relations Pl.rc:: ~use Wife Blood Children/Grandc~ter Children ./ ! Four Sons Five Daughters Two Grandchildren Fronting the "relations," however, renders the sentence semantically strange because it violates the intended degree of reader empathy. (7) ?A wife, four sons, five daughters, six foster children and two grandchildren survived Mr. Otieno. ? refers to the violation of reader empathy. The sentence is grammatical. The sentence in (7) is both syntactically strange (because of the length of the subject phrase) and, I would argue, a bit difficult to process because the participants identified by the article are not within the scope of the reader's accessible information, i.e. they are not components of the reader's long term memory. Therefore, they cannot be foregrounded, entrenched information. The reader's frame pertaining to death likely contains the concept that dead persons are survived by their relatives. However, the mention of the death of Mr. Otieno in the narrative does not automatically instantiate his wife, children, foster children, and grandchildren into the reader's active memory. Reviewing a number of obituaries in

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83 Daily Nation (1987), I found that writers generally listed the deceased first followed by his/her survivors. By extending Kuno's hypothesis, it is possible to derive a more complete theoretical perspective with which to analyze participant/theme entrenchment and relevance within written discourse. Moreover, these extensions enable the further manifestation of the interrelationship which exists between Kuno's notion of empathy and the Silverstein hierarchy. The first extension concerns the status of semantic participants in a sentence. Kuno (1976) argues, (8) It is easier to empathize with semantic agents, next with semantic patients. It is almost impossible to empathize with participants in by phrase-agentives. By extension therefore: (9) It is easier to empathize with human elements than with inanimate elements. Giv6n (1984) argues that agents are usually "conscious" participants in an event in that they initiate or are responsible for some type of action. If agents participate consciously in an event, they must also be volitional activators of change, since volitionality is a conscious mental state. Agents, therefore, generally possess the semantic feature+ human and are more highly salient in terms of frame concepts than those participants which

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possess the features human, + animate, or+ inanimate. 2 The examples in (10) below illustrate the contrast between human agents initiating change and instruments affecting objects (cf. Fillmore, 1977). (10) a. John opened the door. b. The key opened the door. c. The wind opened the door. 84 John, in (l0a) functions as the semantic agent in that he volitionally initiates the action of opening the door. The door does not open by itself nor does it open by happenstance. Some human participant has made a conscious decision to perform the act of opening. In (10b), "the key" functions as the instrument by which the door is opened. "The key" did not consciously nor volitionally open the door. Rather, "the key," according to Fillmore (1977), is the indirect cause of the action of opening. The case of (10c) is a bit more complex. As Fillmore postulates, the role of "the wind" is distinct from either agent or instrument. It is a self sufficient force neither manipulates nor is manipulated. The data in (10) suggest that the most significant participant/themes in terms of cognitive instantiation are those which directly initiate some action. The degree of thematic importance decreases with the lack of initiation and volitionality. This conclusion concurs with the hierarchy in (11), proposed by Given (1984):

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85 (11) Topic Saliency Hierarchy AGENT> DATIVE> PATIENT> LOCATIVE> INSTRUMENTAL> MANNER most salient <----------------->least salient Since, as Giv6n (1984) has suggested, agents are most likely to become sentential topics, and since it is easier to emphasize with topical agents than with patients, it follows that, in languages like Swahili and English, sentential subjects have the highest potential of becoming highly entrenched and relevant than sentential objects since agent topics occur most frequently in sentential subject position. In summary, information which possesses certain semantic features seems to be more capable of being entrenched in the active memory of the reader than do participants lacking these features. I would propose the following consolidated semantic hierarchy which captures these notions: (12) MOST LIKELY TO BE ENTRENCHED/FOREGROUNDED FIRST PERSON SECOND PERSON PROPER HUMAN ANIMATE INANIMATE } INDEXICAL AGENT DATIVE PATIENT LEAST LIKELY TO BE ENTRENCHED/BACKGROUNDED

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86 The proposed hierarchy in (12) enables us to make predictions concerning the relationship between a participant/theme's status in the semantic hierarchy and its syntactic coding. The first prediction that can be proposed is that nominals marked in terms of "humanness" or "animacy" have a higher topical and/or focal status in the syntactic structure of discourse. This prediction is useful for a morphologically rich language like Swahili. Consider the following: (13) SWAHILI NOMINAL SALIENCY HIERARCHY FEATURES + HUMAN + ANIMATE HUMAN + ANIMATE + INANIMATE + COUNT + INANIMATE + QUANTITY + INANIMATE + MASS + INANIMATE + ABSTRACT/STATE CONCORD MU/WA MU/MI KI/VI JI/MA u, U2 ENTRENCHMENT VALUE HIGHEST LOWEST A further class of nouns, the "N" class (classes 9 & 10), have been omitted from the table above. The "N" class presents particular categorization problems because it is an

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omnibus category. Most foreign borrowings are placed in this category, regardless of their semantic features. Nominal morphology in Swahili, and in Bantu languages in general, is classified in terms of features which distinguish animate from inanimate, count from quantity, quantity from mass, and mass from abstractive or state nouns. 87 The prediction that human and animate nouns are more highly entrenched and/or focal is borne out in the following data sample. (14) a. Jana, nilimwona rafiki yangu. Yesterday, 1st subj-past-3rd obj-verb friend my "Yesterday, I saw my friend." a' *Jana, niliona rafiki yangu. b. Baba Juma atamlipia Fatima ada za shule. Father Juma 3rd sub-fut-3rd obj-benef-fv Fatima fees nom concord-of school "Juma's father will pay Fatima's school fees. b' *Baba Juma atalipia Fatima ada za schule. c. Mtoto wa Juma alimtega samaki, lakini alimrudisha ziwani. child nom con.-of Juma 3rd sub-past-3rd obj-catch fish, but 3rd sub-past-3rd obj-return-caus lake-loc. "Juma's child caught a fish but threw it back in the lake." c' *Mtoto wa Juma alitega samaki, lakini alirudisha ziwani. Notice, in (14 a, b, and c), the object morpheme is present in the verbal complex. That Swahili requires marking human and animate objects in the verb complex

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88 indicates that a certain degree of focus (empathy) is being placed upon those participants although they may not function as the sentential or even paragraph topic (if these sentences were placed within a discoursal context). The absence of the object markers in (14 a',b' and c') renders the sentences ungrammatical. Conversely, the existence of the object marker in the verb complex is not required for inanimate objects. In point of fact, the presence of the object marker in these cases is highly marked and signals the special focus of their antecedents. Further, the presence of the object marker is a signal of special emphasis or focus is being placed upon the theme grammatically coded as the object. The object becomes a potentially relevant concept, which can be foregrounded in the reader's frame if the concept continues to be mentioned. Consider the data set in (15). What English accomplishes through such grammatical operations as left and right dislocation, Swahili realizes morphologically. (15) a. umeziharibu suruali hizi. 2nd sub-perfect-object ref. suruali-ruin trousers these. "These particular trousers, you have ruined them." a' umeharibu suruali hizi. "You have ruined these trousers." (There is no special emphasis on "trousers.") b. tutazifuata hizo nyingine baadaye. 1st pl sub-fut-obj ref. hizo-follow those (things) other later "Those other things, we will come for them later."

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89 b' tutafuata hizo nyingine baadaye. "We will come for those other things later." The sample sentences in (15a & 15b) are both syntactically and semantically marked. As mentioned above, Swahili requires that animate objects morphemes be coded in the object slot of the verbal construct. The infrequent coding of non-animate object markers in the verbal construct (such as "zi" above) signals the reader that the object antecedent is highly focused. In terms of the cognitive network evoked by (15a), the reader would process the "trousers" as the most highly instantiated element rather than the usual "person" who effected the action of ruining them (Der Houssikian, communication). Likewise in (15b), "those other things" would be the most highly instantiated concept in the frame. The primed forms (15 a' & b') are considered unmarked in that the objects do not receive special emphasis. In these examples, the sentential subject is also the topic. Special mention must be made at this point of the relationship between the proximate demonstrative adjective and reader empathy. Consider again (15a') above: (15a') umeharibu suruali hizi. Apart from its communcative context, (15a') is well formed syntactically and semantically. However, suppose the

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90 sentence is uttered in the following context. There are two University of Nairobi roommates who have similar tastes in clothing and who happen to wear the same size. They are such good friends that they do not mind sharing each other's clothing. One of the friends borrowed the other's new trousers to wear on a date the previous evening. Unfortunately, the one who borrowed the trousers spilled ink on them, ruining them. The trousers are on the bed of the one who borrowed them. The one who loaned them comes into his friend's room and espies the ruined trousers at which time he says angrily, "umeharibu suruali hizi." In this context, the use of the proximate demonstrative "hizi" may appear, at first glance, strange. Those knowledgeable of the structure of Swahili might expect the referential demonstratives "hizo" or even "zile" to be used, as in: (16) umeharibu suruali hizo. "You have ruined those trousers." "Those" refers to the trousers in question, or the ones being presently discussed. umeharibu suruali zile. "You have ruined those trousers." "Those" refers to the ones being discussed which are at some distance from the interlocutors. In other words, proximate demonstratives are generally not used when the interlocutors are discussing an antecedent which is obvious and close at hand. In the context above, there would be no particular need to overtly use "hizi"

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91 because both interlocutors are cognizant of the fact that the ink-stained "suruali" on the bed are the only "suruali" being discussed. However, by using "hizi" instead of "hizo" or "zile," the speaker is highlighting the fact that his new trousers have been ruined rather than highlighting the one who ruined them (cf. Chapter Four). Therefore, the same effect of coding the object slot with a non-animate object morpheme can, in certain contexts, be accomplished by using the proximate demonstrative vs. the referential demonstrative. As will be discussed below, Swahili makes further use of demonstratives to code definiteness in lieu of definite articles. The third semantic-syntactic prediction pertains to definiteness, and can be stated as follows: (17) Definite elements are more relevant than indefinite ones. Du Bois (1980) argues that the relationship between the definiteness of a participant and the identifiability of that participant as a topic is a natural and direct one. Noun phrases which are marked for referentiality have continuous identity over time, and are potentially more relevant in the mind of the reader than those nouns not marked for referentiality. Since definite elements are commonly assumed to be those which have already been introduced into the narrative,

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92 and since it is easier to empathize with participants which are already in the reader's referential frame, by extension, it is easier for the reader to empathize with definite elements than with indefinite ones. Whereas English codes definiteness/indefiniteness morphologically (definite/indefinite article), Swahili has no such article system. However definiteness can nevertheless be coded in the language. Consider: (18) a. Watu wale alienda sokoni jana. people those 3rd sub-past-go market-loc yesterday "Those people went to the market yesterday. a' Wale watu alienda sokoni jana. "The people went to the market yesterday." b. Ninaona kitabu. 1st sub-pres-see book. "I see a/the book." b' Ninakiona kitabu kile. 1st sub-pres-obj re. book-see book that "I see the book." or "That book, I see." In (18a'), definiteness is signaled by word order and the presence of the demonstrative. The unmarked noun postpositional modifier sequence is reversed rendering the head noun definite. In (18b'), definiteness is coded through the use of the demonstrative (cf. discussion above). For object nominals, placement of the concordial marker in the verb yields an increase in topical focus. (19) Active/causal elements are more relevant than passive/noncausal elements.

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93 Since it is easier to empathize with volitional initiators of actions (agents), by logical extension, it is easier to empathize with active elements than with those that are non causal/noninitiators of actions. The reader, therefore, is better able to focus upon the participants in an active sentence, wherein one participant is initiating or causing an action to be performed upon another participant. Likewise, the reader is less able to focus on participants in stative constructions (i.e. the ones who "are at state") or backgrounded by-phrase agentives. (20) Punctual elements are more relevant and are more easily entrenched than non-punctual/stative elements. Hopper and Thompson (1980) define punctuality in terms of "actions carried out with no obvious transitional phase between inception and completion" (252). Punctual actions possess a high degree of agent volitionality and patient affectedness. For example, in "John hit Mary," the action of John striking Mary is punctual in that there is no reported time elapsing between the inception of the act of hitting and its completion. However, in the clause, "John carried Mary for three miles," the verb "carry" involves action over a span of time, from a specific inception point to a point of completion. By extension, (21) Transitive elements are more relevant and entrenched than intransitive ones.

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94 One of the most interesting (if not important) components of Swahili grammar is the morphological marking system for verbal aspect and mood. Swahili has a wide range of morphological infixes which designate subtle aspectual and/or modal differences. Ashton (1944) discusses at least eleven such formative infixes which determines shades of meaning. For the present discussion, it is sufficient to list a number of these viz. their degree of transitivity. The three listed in (22) possess relatively high degrees of transitivity in that they presuppose an animate agent directly affecting a patient (causative), or an agent acting "on behalf of" another person (benefactive), or, in the case of the reciprocal, the interdependence of the actions of two or more individuals. (22) MOST LIKELY TO BE ENTRENCHED/MOST RELEVANT CAUSATIVE: kupenda "to like"---> kupendeza "to please" BENEFACTIVE: kulipa "to pay"---> kulipia "to pay for" RECIPROCAL: kupiga "to hit"---> kupigana "to fight" LEAST LIKELY TO BE ENTRENCHED/LEAST RELEVANT To summarize, certain syntactic realizations code relevant concepts in a semantic framework. The syntactic hierarchy in Table 3.1. illustrates the notion that the higher a syntactic structure is on the hierarchy, the more likely it is to code salient concepts in the frame.

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Table 3.1: FOREGROUNDING/BACKGROUNDING PARADIGM FOR ENGLISH AND SWAHILI FEATURE SYNTAX CASE ROLES ACTIVITY SEQUENTIAL DURATIVITY VOLITIONAL CAUSATION OBJ AFFECT DEFINITENESS PERFECTIVE FOREGROUND MAIN CLAUSE SUBJECT ACTIVE IN-SEQUENCE PUNCTUAL VOLITIONAL CAUSATIVE AFFECTED DEFINITE COMPLETIVE BACKGROUND SUBORDINATE CL. OBJECT PASSIVE OUT-OF-SEQUENCE DURATIVE NONVOLITIONAL STATIVE UNAFFECTED INDEFINITE IN COMPLETIVE Source: Giv6n (1984) syntactic structures low on the hierarchy. Conversely, peripheral or backgrounded concepts are coded in syntactic structures low on the hierarchy. A Cognitive-Based Analysis of Two News Texts We now turn our attention to a brief analysis of two newspaper texts with the goal of establishing how morpho syntactic structure reveals relevant concepts in the reader's semantic frame network. 95 The data base for this discussion will be two lead news texts which reported the same event (cf. Chapter Five), the first from the May 16, 1987 edition of Taifa Weekly, and the second from the Daily Nation edition of that same day . Both articles described a ruling by the Kenyan High Court which permitted Mr. Otieno's Umira Kager relatives to bury his

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96 body in Nyalgunga (Luoland). It will be shown that the two articles are reported from different perspectives which reveal the writers' different intentions. The headline of the Taifa Weekly article, "Mazishi ya SM ni Nyalgunga" (The Burial Place of SM is/will be Nyalgunga), indicates that the article is about the upcoming burial of s. M. Otieno in the predominantly Luo sub-location of Nyalgunga. It is interesting that Mr. Otieno is simply designated SM. This is likely due, first, to the fact that for the most part Mr. Otieno was referred to by his first two initials+ his last name in the vast majority of articles covering the Otieno episode. Second, because of the publicity this story engendered in and out of the press, readers would have little trouble associating SM to Mr. Otieno. The syntactic structure of the headline would indicate that the mazishi ya SM ("the burial of SM") is apt to be the most important theme or concept of the story, since mazishi ya SM is the subject of the sentence and in topical position. However, the sidebar immediately above the headline, which reads Umira Kager wataka maiti ichunguzwe upya ("Umira Kager wants the body to be examined again"), signifies that another "event" is possible as the main topic. When the headline and sidebar are conjoined as a single thematic unit, a likely, if not interesting, interpretation obtains. By printing Mazishi ya SM ni Nyalgunga, as the banner head, the writer is in effect

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97 enabling the reader to call forth the entire Otieno episode frame. In other words, the issue before the Court of Appeals and the High Court in Otieno episode was first and foremost, where will Mr. Otieno's body be buried. The reader, by instantiating the entire frame, will have access to both parties in the dispute, Mrs. Otieno and the Umira Kager Clan, as well as pertinent court decisions, appeals, relevant testimony, etc. Moreover. the instantiation of the "Otieno Episode" frame enables the reader to interpret the sidebar. Umira Kager will be instantiated information processed with little effort. What appears as new information, namely the desire for an additional autopsy, will be introduced into the reader's frame as potentially relevant. From there the reader can peruse the article's lead to establish further information on the story's discourse topic. The comparable Daily Nation headline reads, Judges' Final Ruling: Burial at Nyalgunga. The two headlines are similar in that they both mention Nyalgunga as the burial place for Mr. Otieno. However, the Daily Nation head emphasizes the judges' ruling vs. the burial itself. The cumulative effect of this headline is to invoke in the reader's mind the saliency not only of this particular court ruling, but also the fact that the legal issues brought forth in this protracted case are most important.

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Consider Taifa's lead paragraph, which is illustrated in (24) below. (24) Mahakama ya Rutani yana iliamua kwamba Bw. S.M. Otieno atazikwa kijiji cha Nyamila, lokesheni ndogo ya Nayalgunga, wilaya ya Siaya, lakini mara tu amuzi huo wa kihistoria ilipotolewa, ukoo wa Umira Kager ulitaka maiti ya Otieno ichungzwe upya. Gloss: "The High Court yesterday ruled that Mr. S.M. Otieno will be buried in the village of Nyamila, sublocation of Nyalgunga, Siaya District. But immediately after this historic ruling, the Umira Kager Clan "wanted" called for a new autopsy." In the lead paragraph, the High Court is introduced together with its resultant action. Further, the lead reports a coinciding action with a different set of participants, i.e. the Umira Kager Clan calling for a new autopsy. Consequently, the reader establishes a frame wherein both situations are potentially relevant. 98 As the article progresses, however, it becomes apparent that the writer (in this case, Barnard Chege) chooses to emphasize the Umira Kager's request for a new autopsy as well as their reactions to the court ruling. Consider: (25) Nduguye marehemu, mbaye alipewa maiti ataizike Siaya, Bw Joash Ochieng' Ougo pamoja na msemaji wa ukoo, Bw Omolo Siranga, walisema walishuku jinsi Bw Otieno alivyokufa. Walisema mara walipotoka Mahakama Kuu kwamba hawakuwakilishwa wakati maiti ya Bw Otieno ilipopasuliwa na kuchunguzwa kilichosabibisha cho chake.

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Sasa, wakaeleza wameshauriana na wataalamu watatu wa kupasua maiti ambao watakagua upya maiti ya Bw Otieno wakiandamana na daktari wa serikali. English Gloss: The brother of the deceased, who was given the body to bury in Siaya, Mr. Joash Ochieng' Ougo together with the chairman of the clan, Mr. Omolo Siranga, said they had doubt about the way Mr. Otieno died. They said immediately after coming from the High Court that they were not represented when the body of Mr. Otieno was autopsied and examined as to the cause of death. Now, they explained they have arranged for three experts to examine the body who will inspect anew the body of Mr. Otieno working together with a government doctor. 99 As a secondary emphasis, the writer follows the Umira Kager slant with a protracted, in-depth explanation of why the court ruled that Mr. Otieno should be buried at Nyalgunga rather than at his farm outside Nairobi. The writer achieves his purpose, linguistically, through the topicalization of "Umira Kager" and "High Court" participants (namely Mr. Joash Ochieng' Ougo and Mr. Omolo Siranga of the Umira Kager Clan as well as the High Court Justices) at the sentence and paragraph levels. Both evoke high degrees of empathy, being "human" participants as well as being paragraph and sentential topics (cf. APPENDIX I). The Taifa reader's frame network would generally resemble the following:

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100 (26) /OTIENO EPISODE~ COURT CASE YPARTICIPANTS l t '-v HIGH COURT RULING UMIRA KAGER MRS. OTIENO SM l / EXPLANATION WANTS NEW AUTOPSY REACTIONS By contrast to Taifa's terse one-paragraph lead, Daily Nation's lead extends for two orthographic paragraphs (i.e. paragraphs formatted by indention vs. thematic paragraphs which will be defined in Chapter Four). (27) S.M. Otieno is to be buried at his ancestral home in Nyalgunga, Siaya District, the Court of Appeal ruled yesterday. But it is not immediately known when the burial would take place as the clan wants a second post-mortem examination on the body of the late criminal lawyer. The lead is followed by a two-paragraph expansion which discusses related issues. (28) At the same time, the Court suggested that Parliament may have to legislate to enable courts to deal with burial cases expeditiously and also clarify the position of widows in such disputes. Immediately after the 26-page final ruling was delivered, Mrs. Wambui Otieno, the widow of the late lawyer said: "As far as I am concerned, this is the end of the road for me. I have now discovered that women are discriminated against in Kenya. They can take my husband and bury him. Joash can go and bury his brother. The lead and subsequent thematic unit evokes four interrelated issues which highlights the contentious nature of the Otieno episode: 1) the substance of the Court Ruling

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101 itself, i.e. Mr. Otieno's final resting place, 2) the desire of Umira Kager to have Otieno's body re-autopsied, 3) the need for broader legislation pertaining to burial rights of "next of kin," and 4) Mrs. Otieno's reaction that women face discrimination in Kenya. The first two of these issues are important/foregrounded because they comprise the story's lead. However, the writer (in this case, Catherine Gicheru) chose to discuss the particulars of the court ruling, including a recap of the history of the case. She did not mention the other three issues again. The only other theme discussed by the writer was the fact that the Court failed to rule on who was obligated to pay court costs. The frame which is invoked by this article would be similar in substance to that of Taifa. However, the range of relevant, instantiated concepts would be significantly different. This is represented in (28). (28) COURT l ~OTIENO CASE HIGH COURT RULING EPISODE~ /TICIPtTS~ UMIRA KAGER MRS. OTIENO ! ! EXPLANATION REACTION ! DISCRIMINATION SM The frames presented in (27) and (28) above will be further augmented and discussed in Chapter Five. These frame networks are simply illustrative and do not include the application of the other variables of the model.

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102 In summary, an analysis of the Taifa and Daily Nation articles in terms of cognitive variables predicts which concepts are relevant/instantiated, and which are peripheral and backgrounded. It has been shown that the Taifa story is slanted toward traditional, ethnic perspective. The fact that the court ruled that Mr. Otieno can be buried in his ethnic area is viewed as a major victory of traditional values over Western law. By contrast, Daily Nation is slanted toward a discussion of the legal ramifications of a nation having two conflicting legal systems. That the writer mentioned the Court's request that Parliament legislate burial rights is in some sense consistent with the findings Ochs (1986) and Wilcox (1987) that one of the most important values motivating Kenyan press organizations is the desire to preserve and maintain national goals. This chapter has been a bridge between pragmatic variables and textual features. The nature of "schema theory" (framing) as a metaphor for understanding the nature of human cognition facilitates our perception of the way sociocultural context affects the production and interpretation of news discourse. The question of value of the model to predict text production and interpretation will be discussed in Chapters Five and Six. It will be shown later that whereas "schema theory" applied as one component in a tripartitie model has predictive value viz. text

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103 production (Chapter Five), it leads to serious complications in terms of text interpretation (Chapter Six). Notes 1 The Giriama is one of the Mijikenda ethnic groups who live along the central Kenyan coast. 2 Agents do not alway possess the semantic feature +human, as in "the storm caused extensive damage" (Tyler, communication). Here, storm is the agent.

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CHAPTER FOUR TEXTUAL FEATURES Having analyzed a variety of contextual and cognitive features which influence both the production and the interpretation of press discourse, we now turn to the third and final component of the discourse analysis model proposed in this study, namely a thorough discussion of the textual features employed by journalists to highlight and/or deemphasize participants/themes. A thorough discussion of the structure of press discourse is important for a number of reasons which will become apparent as this chapter progresses. First, there are few studies available expressly devoted to a complete examination of the structure of press discourse. Second, it is a well established fact that the press is an effective tool for both the formation and maintenance of public opinion. By manipulating structures of language, however subtly and/or unconsciously, writers and editors "slant" coverage of events to achieve a desired affect in the mind of the reader. This subtle manipulation of language by the press can be a significant factor in either the continuation or amelioration of conflict. Therefore, an analysis of the structure of press discourse is a vital component for 104

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105 facilitating our understanding of how the press covers situations of interethnic conflict. In particular, the investigation undertaken in this chapter will significantly augment our understanding of the highly complex Otieno episode, an incident which centers around the role of law and ethnicity in contemporary Kenyan society. The following discussion will analyze certain generalizations concerning the structure of the Swahili language press in Kenya. These generalizations were derived through an examination of selected news stories from the Swahili-language daily, Taifa Leo, (and weekly, Taifa Weekly). Structural features of the Swahili-language press will be compared with those of the Kenyan English-language press, Daily Nation. A number of important questions regarding the role and function of various morpho-syntactic structures in press discourse will be addressed in this chapter. Among them are, 1. How are participants/themes coded for identifiability and/or continuity? What is the relationship between the position of a participant/theme in the discourse and its potential for becoming a discourse/paragraph topic? What is the role of morpho-syntax in coding topic continuity? 2. With specific regard to question 1 above, what is the role of the Swahili morpho-syntactic TAM (Tense-Aspect-Modality) system in the coding of foregrounded and backgrounded elements?

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3. What is the role and function of logical connectors and temporal/locative adverbials in press discourse? Specifically, what is the role and function of the "contrastive" element lakini and but in press discourse? 106 I will argue that, with a few minor exceptions, the thematic composition of the Swahiliand English-language presses are quite similar. They comprise what I would term "journalese," a fairly constrained style of writing marked, in general, by complex single-sentence orthographic paragraphs linked together by such morpho-syntactic devices as anaphorization and tense continuity. Each "foregrounded" (cf. Chapter Three and below) proposition within the body of the discourse is linked in some manner to the story's initial thematic paragraph, or lead, and to the story's headline/sidebar. The discussion will commence with a review of the current literature pertaining to the role of syntax in press discourse. This will be followed by a section wherein important terms are defined. The third and final part will consist of an analysis of morpho-syntactic structures in press discourse. Review of the Literature Comprehensive studies pertaining to the linguistic-curn syntactic structure of press discourse are scarce. In the main, the literature either sidesteps the morpho-syntax

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107 question, opting, instead, for a semantic-pragmatic approach, or limits the analysis to one or two syntactic features. A few studies, limited to journalism textbooks, prefer a more "prescriptive" approach to news writing, describing in some detail the "proper" methods of news writing, while ignoring how journalists actually write stories. A review of these studies will demonstrate the need for an extensive evaluation of syntactic features in press discourse. Moreover, it will also illustrate the severe limitations of analyzing a news story solely from a semantic-pragmatic perspective, without considering morpho syntactic variables. By far, the most notable, if not sizable, body of literature regarding the linguistic features of press discourse has been written by van Dijk (1983a, 1985a, 1985b, 1988a, 1988b, inter alia). Van Dijk can be credited with a thorough evaluation of the function of such semantic features as "macro-" and "microtopic," as well as "global" and "local" coherence. Moreover, his ethnomethodology for analyzing press discourse is very helpful for enabling researchers to see that "the news is not simply a description of a body of facts but rather a specified reconstruction of reality according to the norms and values of some culture (or some individual)" (1983:29). As useful as van Dijk's studies are, he devotes very little space to discussing how these semantic-pragmatic

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108 variables are realized syntactically. For example, in his latest publications on press discourse (1988a, 1988b), he acknowledges the importance of the application of syntactic analysis to press discourse. However his own investigation of the subject covers a single structural issue, the complex nature of sentences in the press. Evaluating sentence length and complexity in 20 world newspapers, van Dijk found that the 10 "First World" newspapers reviewed had a greater incidence of simple sentences than coordinated sentences (10:1), while the 10 "Third World" papers exhibited equal numbers of simple and coordinated sentences (5:5). Both "First World" and "Third World" newspapers show a greater propensity toward complex sentences than both simple and coordinated sentences combined (about 4:1). He concludes, Thus, the general pattern is a complex sentence, in which a declarative is often the formal main clause, but the main news actor remains the subject and topic of the sentence as a whole, such that the main participants are modified by one or more relative clauses or adverbials ... Complexity appears to be more or less the same in the various newspapers (sampled), and the same holds for sentence length, which is slightly higher in the Third World press ... we provisionally conclude that sentence syntax is fairly complex and that length and structure are not significantly different in First World and Third World newspapers. (1988a:113) While van Dijk's conclusions are both interesting and helpful, they are incomplete vis-a-vis a functional approach

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109 to morpho-syntax. Van Dijk's argument that complex sentence constructions comprise the greater percentage of clauses in press discourse is persuasive. However, he does not indicate how these complex sentences are constituted save for arguing that main clauses are modified by relative clauses and adverbials. In other words, the notion of sentence complexity presupposes a variety of dependent clauses, which function differently depending upon a number of factors such as their typology (restricted relative vs. non-restricted relatives), their position within the structure of the sentence, and their antecedents. For a morpho-syntactic analysis to be complete, the question of the function of constituents in a complex sentence as well as their relationship to each other must be addressed. While the structure of relative clauses will not be specifically discussed, because, in the main, they comprise background information, the relationship of clausal constituents to the notions of "foreground" and "background" (defined below) will be examined thoroughly. A second genre of literature concerning press discourse is reflected in the works of Mencher (1989) and Itule and Anderson (1987). These "how to" textbooks tend to be prescriptive in that they suggest techniques for proper composition of news stories.

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According to Mencher (1989), there are ten "keys" to good writing. The following four listed items pertain to language structure. (1) a. Use s-v-o sentence structure for most sentences b. Use action verbs. c. Avoid adjectives and adverbs. d. Keep sentences short. 110 The following brief analysis will show that, although these "keys to good writing" may be useful, they have no predictive value in that they are often ignored in press discourse. The counsel advocating the use of s-v-o sentence structure in English and Swahili is, on the one hand, redundant in that both English and Swahili have fairly rigid word orders. Moreover, this advice fails to recognize that the departure from the normal s-v-o is an effective device to topi6alize certain sentential elements rendering them foregrounded (see below). Regarding the advice to use action verbs, little needs to be said because the vast majority of verbs in Taifa and Daily Nation are the action variety vs. statives. However, a discussion of a correlated issue is relevant here, namely the relationship between verbs coded in the active voice vs. passives and statives. A review of an article appearing in the January 6, 1987 edition of Taifa Leo illustrates that journalist generally use active voice verbs a little more

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111 than twice as much as non-active verbs (passive and stative). Of the 100 verbs used in the story, 69 were in the active voice, 20 were passives, and 11 were statives. As a means of comparison, I chose an article at random from the June 21, 1990 edition of the Gainesville Sun. Although the Sun article contained a higher percentage of non-active verbs (5 statives and 5 passives) than the Taifa story, the number of active verbs was higher then non-actives (12 active verbs vs. 10 non-active verbs). The high number of non-active verbs in relation to active verbs has a functional explanation. The story concerned testimony given by a former model who was beaten and raped by her landlord, as well as an update on the status of women who have been raped and abducted. Active verbs were primarily used when recounting the model's appearance before a committee of Congress (i.e. the main story line), while non-active verbs were used when statistics regarding the number of women who have been assaulted over the last year were presented (i.e. background information). Mencher, further, advises against the use of adjectives and adverbs. His over-generalized counsel no doubt has its basis in semantics. A strategically-placed adjective or adverb further defines and delineates its antecedent, often rendering a "judgment" about the antecedent. For example, a journalist who writes, "The liberal La Prensa, today, came

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112 out in favor of the governments action," is placing a particular attribution on the participant La Prensa. Often these attributions are "catch-words," employed purposely by journalists to orient their news stories in particular ways. As wise as Mencher's advise might be, both adjectives and adverbs have important functions in press discourse, and are widely used. Adjectives often function as "space saving" devices, whereby journalists are able to encode important information about a participant/theme without an embedded relative clause. The few examples below illustrate the function of adjectives in the press. (2) a. Iranian authorities did not immediately allow foreign-based reporters to enter Iran to cover the disaster. (Gainesville Sun, June 22, 1990). b. The 254-177 tally left the amendment, which was supported by President Bush, 34 votes short of the two-thirds majority required to amend the constitution. (Gainesville Sun, June 22, 1990). c. The defense contends (Florida's electric chair} can (malfunction), citing the state's botched execution May 4 of Jessie Tafero. (Gainesville Sun, June 22, 1990). All of the examples in (2) employ adjectival phrases to further explicate the nouns they modify. The mention of Iranian and foreign-based in (2a) are largely informational. They function to further establish the scene of the story, which describes an earthquake in Iran and the relief efforts being undertaken to aid the victims. The adjectival phrases in (2b) are also informational. Two-thirds majority is

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113 redundant to the point of being nonsensical, but is an oft used "catch-phrase" in press discourse. Example (2c) is somewhat different. The writer's function here is not solely to furnish the reader with information. The execution was in fact "successful" in that Mr. Tafero died. Rather, botched, in this case, is a code word referring to a series of events which occurred during the execution, whereby three jolts of electricity were needed to kill Mr. Tafero, and flames were seen "shooting" up from Mr. Tafero's head. The use of the word botched signals the readers not only to the particular series of events surrounding the execution but also to reactions to that series of events by the Gainesville Sun and state and local officials of the Florida Department of Corrections. A scan of Taifa Leo and Daily Nation shows that the same technique is used to furnish the reader with additional information while saving space. For example, in the January 6, 1987 edition of Taifa Leo, the writer characterizes the conflict between Mrs. Otieno and the Umira Kager Clan as ubishi wa kisheria wa wiki nzima ("week-long legal wrangle"). Later, the writer describes the same struggle as zoqo la sasa la kisheria ("a modern legal tug-of-war). Adverbial phrases are often used in press discourse to establish a change in topic. These often consist of time adverbs fronted in the opening phrase of the paragraph.

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114 Itule and Anderson (1987) offer similar advise for effective news writing. The authors argue that writers should use "open sentences," defined as constructions which "present no delays, no bumps, no confusing ambiguities to the reader" (249). They counsel against beginning an "open sentence" with a dependent clause. However, a dependent clause at the beginning of a sentence is often employed by journalists to establish the scene of an action or to signal the reader that a change in topic is about to ensue. Consider the following from the January 6, 1987 edition of Taifa Leo: (3) Akitupilia mbali ombi hilo na kuagiza Bi Otieno alipwe gharama za kesi, Jaji Shields aliiambia mahakama ilyojaa kwamba Mabw. Ougo na Siranga hawakuwa na misimamo wo wote au sababu ya kisheria kutekeleza mapenzi ya marehemu Bw. Otieno. English Gloss: Rejecting outright this petition and ordering Mrs. Otieno to be paid court costs, Judge Shields told a full ("packed") court that Mr. Ougo and Mr. Siranga do not have any legal standing or reason to fulfil (execute) the wishes of the late Mr. Otieno. The thematic paragraph preceding this one discusses the process whereby Mrs. Otieno filed a brief with the court asking that she be allowed to bury her husband at Upper Matasia. However, the Umira Kager Clan, through their attorney, Richard Otieno Kwach, appealed, asking the Kenyan Court of Appeals to restrain Mrs. Otieno from burying her late husband. The example in (3) begins a new thematic

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115 paragraph which not only describes the outcome of the appeal by Umira Kager (akitupilia mbali ombi hilo na kuagiza Bi otieno alipwe gharama za kesi), but focuses on the reasons for Judge Shields to reject the appeal. The dependent clause beginning the paragraph in (3) not only signals the reader that a new (or in this case a reintroduced) topic is about to be discussed (Judge Shield's decision), but also provides a bridge between this thematic paragraph and the thematic paragraph wherein the topic was first introduced. (three orthographic paragraphs prior to (3)). Therefore, contrary to the counsel by Itule and Anderson, beginning "open sentences" with dependent clauses is an effective method of topic coherence. Itule and Anderson, likewise, advise against the use of passives because, "they hide the agent of the action from the reader" (250). Often, as will discussed below, passives are used when journalists must protect the identity of the sources of their information or when they do not know the direct source of the information. Further, passives are effectively used when the writer wants to be "objective," not attributing an action directly to an individual. As this brief review has shown, the available literature is either incomplete in its coverage of the role of morpho-syntactic elements in press discourse, or advances

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116 "correct" methodology which is not utilized by journalists working in the field. Definitions Before establishing a description of the structure of press discourse and before directly analyzing the data, it is necessary to refine the definitions of the following four essential terms vis-a-vis press discourse: "topic," "thematic paragraph," "foregrounding," and "backgrounding." Brown and Yule (1986) distinguish different levels of topic in discourse. The proposition(s) which represents the discourse as a whole is designated the "discourse topic." Further, Keenan and Schieffelin (1976) demonstrated that topicality is defined by semantic coherence and syntactic cohesion (cf. de Beaugrande & Dressler, 1981). They define "discourse topic" as objects, participants, ideas around which the discourse revolves. Discourse topics as defined by Brown and Yule correspond to van Dijk's (1983) notion of macro-topic. The structure of press discourse is constrained to the extent that the story's discourse topic tends to be expressed in the article's headline and lead paragraph(s). The discourse topic is subsequently expanded and discussed throughout the article, often as the main topic of a thematic paragraph. Consider the following from the January 6, 1987 edition of Taifa Leo.

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(4) Mahakama Kuu jana iliamua kwamba Bi. Virginia Wambui Otieno ana haki na wajibu kumzika marehemu mumewe, Bw. S.M. Otieno, aliyekufa Desemba 20, mwaka jana. English Gloss: The High Court yesterday decided that Mrs. Virginia Wambui Otieno has the right and obligation to bury her late husband, Mr. S.M. Otieno, who died December 20 last year. 117 This opening statement, in conjunction with the headline, Wambui akubaliwa kumzika S.M. Otieno ("Wambui permitted to bury S.M. Otieno") is what the entire article is about, namely the granting of permission by the High Court to a woman named "Wambui Otieno" to bury her husband. The corresponding Daily Nation article, although similar, reports the story in a slightly different way. (5) The High Court yesterday empowered Mrs. Virginia Wambui Otieno to bury her husband, Mr. S.M. Otieno, a prominent Nairobi advocate. But an appeal was immediately filed and will be heard at 11 this morning by three Court of Appeal judges, Mr. Justice J.O. Nyarangi, Mr. Justice H.G. Platt, and Mr. Justice J.M. Gachuhi. The story's headline reads, SM: Brother loses case, then appeals. The headline helps in identifying the unstated participant in the second paragraph of the lead who filed the appeal. Moreover, there is a sidebar, Otieno was cosmopolitan. asserts Shields, which identifies not only the representative of the High Court who made the ruling, but

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118 also the essence of that ruling. In other words, because Mr. Otieno was a cosmopolitan person, not subject to traditional laws, his wife has a prima facie right to bury his body. The synthesis of lead, headline, and sidebar yields the following discourse topic: an appeal of the court case involving the question of who has the right to bury the prominent Nairobi lawyer, s.M. Otieno, was decided in favor of Mrs. otieno. The judge who decided the case based his finding on the fact that Mr. Otieno's lifestyle could only be described as "cosmopolitan" vs. "traditional." The brother of Mr. Otieno immediately appealed Justice Shield's ruling. It is important to note at this point that discourse topics cannot easily be equated with any singular grammatical or semantic constituent since, as illustrated above, it can include more than one action and more than one participant. For example, although "Mahakama Kuu" appears in left-most position in the lead of the Taifa story, thus in a potentially more highlighted position, it does not represent the totality of what the article is about. Likewise, while the headline has "Wambui" coded as the left most (highlighted} participant, the news story is not just about "Wambui." Rather, the presence of two equally highlighted participants and the actions associated with them, notably the High Court deciding (lead) and Wambui

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119 Otieno receiving permission (headline), is indicative of the fact that discourse topics often encompass a number of participants and actions. Regarding the notion of "thematic paragraph" (TP), Giv6n (1983b) defines it as a chain of "equi-topic" clauses in discourse. In other words, thematic "paragraphs" are discoursal units with a common topic. The proposition(s) which represents a thematic paragraph is termed a "paragraph topic" by Brown and Yule. This paragraph topic may or may not correspond precisely to the discourse topic. But, in press discourse, paragraph topics are usually related in some way to the discourse topic, the assumption being that the headline and lead express the story's discourse topic. I found front page-lead stories in Taifa and Daily Nation to correspond to this "conventional" style. Press discourse is unique among varieties of written discourse in that, because of space limitations, orthographic paragraphs (i.e. paragraphs in written discourse delineated by indention) often consist of a single complex sentence. Occasionally, these "sentence" paragraphs comprise a single thematic unit. As is more often the case, however, a thematic paragraph consists of several orthographic paragraphs. In this study, when the term "paragraph" is mentioned, thematic paragraphs will be assumed. References to orthographic paragraphs will be designated by the abbreviation OP.

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120 Before proceeding with the discussion, the notions of "foregrounding" and "backgrounding," which were discussed at some length in Chapter Three, and which comprise the framework of the discussion in this chapter, must be revisited. In Chafe's (1987) psycholinguistic terms, "foreground" is simply those participants/themes which require little time and effort to process. By contrast, "background" refers to new information or information which is not in the reader's consciousness, and requires some time and effort to retrieve it from long-term memory. Although the definitions above are presumed in this study, the terms "foreground" and "background" are used in a variety of ways. In much of the literature, "foregrounding" and "backgrounding" have been viewed primarily as binary concepts (cf. van Dijk and Kintsch, 1983; Giv6n, 1979; Chafe, 1976; Li, 1976). "Foregrounded" concepts are deemed as such in relation to an equivalent "background" concept. A given structure, say the passive voice for example, is considered to be "backgrounded" when compared to the "foreground" active voice. Likewise, main clauses are judged "foregrounded" structures, but only in relation to "backgrounded" relative clauses. In contrast to the approach taken in this body of literature, I will argue that the application of binarity with regard to "foreground" and "background" creates an unnecessary, if not false, dichotomy, especially if the

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121 metaphor of "schema" is taken seriously in the analysis of discourse (cf. Chapter Three). To illustrate this further, if human cognition is, as presupposed in Chapter Three, a network of interrelated concepts, and if a particular concept is activated into human consciousness as foregrounded information, then, the theory holds that a number of related concepts are also activated into short term memory, some more highly foregrounded than others. The function of morpho-syntactic structure, viz. this model of cognition, is to either maintain or to change the degree to which a concept is highlighted in the cognitive network or suppressed within that network. In other words, two structures coding "foregrounded" information can differ in their degree of "foregroundedness" depending upon the status of the concept in the cognitive network. If a passive codes a participant which is the core concept in the cognitive network, that structure will be more "foregrounded" than an active which codes a less highly instantiated concept. Moreover, as we shall see below, a single structural element can be both "foregrounded" and "backgrounded" in the same discourse, depending upon its function. For example, a passive employed to extend or further the story line of a news article is more "foregrounded" than one used to present background information. Therefore, far from being binary terms,

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"foreground" and "background" are scalar or gradient concepts. 122 In general terms, it will be assumed that "foregrounded" information carries or furthers the story line of a news text, and is presumably, in turn, easier for the reader to process. "Backgrounded" information, by contrast, constitutes transitional or supplementary material, and is presumably more difficult for the reader to process. Structure of Press Discourse Position and Topic Continuity in Press Discourse In the introduction to Topic Continuity in Discourse (1983b), Giv6n suggests that the notion of topic continuity is motivated by assumptions underlying cognitive psychology. These assumptions, moreover, make good intuitive sense. For readers, that which is continuous is more predictable and more relevant, thus, easier to process. Likewise, what is discontinuous or disruptive is less predictable, less relevant, hence, more difficult to process. The position of the primary topic within the structure of the paragraph is an important determinant for coding topic continuity/discontinuity. Giv6n (1983b) argues for the following three positions within the discourse structure which code either high or low degrees of topic continuity.

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(6) a. Initial position consists of newly-introduced, newly-changed, or newly-returned topics which are discontinuous in terms of the preceding discourse context, and potentially maximally persistent (if an important topic or macrotopic) in terms of succeeding discourse. b. Medial position consists of continuous participants in terms of the preceding context. These participants are persistent, but not maximally so, in terms of succeeding discourse. c. Final position consists of continuous participants in terms of the preceding discourse context. They are non-persistent in terms of the succeeding discourse, even if the topic is important. As will be shown below, the positional variables are relevant for both Swahili and English press discourse. Initial position 123 The initial position of a thematic paragraph is customarily reserved for 1) the introduction of new topics into the discourse, 2) the reintroduction of topics after a "significant" absence from the discourse (according to Giv6n, more than four or five sentences), and 3) highly foregrounded and continuous topics. Research into the representation of cognitive frames in memory has borne Giv6n's conclusions out. For example, Meyer (1972) has demonstrated that, given memory tasks, people remember what comes first in a story vs. what comes later in the text. Regarding the recall of serialized information, Meyer agues that "the height of ideas in the structure of the passage is related to the frequency of recall" (309). Those

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124 participants higher in the text are recalled with greater frequency than participants lower in the text. Meyer concludes, "the dimension of structure is an important attribute in prose. The organizational structure of prose shows how the ideas of were organized to convey the author's meaning" (310). Lorch, Lorch, and Matthews (1985) showed that reading times were reduced dramatically if the lead paragraph of a text is "informative," i.e. informed the reader of the text's "topic structure." The placement of participants/themes in initial position is interrelated to Chafe's (1987) cognitive notion of "activation states." According to Chafe, new information or semi-active information (i.e. "accessible information) is introduced immediately after a pause in spoken discourse or a topic switch in written discourse. This activated information is continued until there is another pause or switch in topic. The data from both Taifa and Daily Nation suggest that writers maintain topic continuity by placing topics introduced for the first time and those reintroduced after a length of absence in the discourse in the initial position of the thematic paragraph structure. Consider the data samples from Taifa and Daily Nation cited in (4) and (5) above. In the Taifa sample, the lead introduces two of the major participants in the discourse, Mahakama Kuu ("High

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125 Court") and Virginia Wambui Otieno. Having been coded in the initial position of the lead, Mahakama Kuu has the highest potential of being continued in the discourse. Mrs. Virginia Wambui Otieno ranks high in terms of potential continuity because she is the subject of the verb in the headline (positioned as the left-most constituent) and because she is the second participant mentioned in the lead. However, Wambui is not as potentially continuous as Mahakama Kuu due in large part to the fact that Wambui is the subject of an embedded clause in an indirect speech construction. That is, the writer is placing primary emphasis on the participant who invoked the act of "deciding" (amua) and secondary emphasis on what the participant decided. The initial thematic paragraph after the lead highlights the participant Mahakama Kuu, although by means of a specific representative of the court, Jaji Frank Shields. (7) Akitangaza uamuzi wake wa pili katika ubishi wa kisheria wa wiki nzima kuhusu mahali atakapozikwa Bw otieno, Jaji Frank Shields kadhalika alikatalia mbali ombi la kupinga uamuzi wa kwanza uliompa haki Wambui amzike mumewe. Ombi hilo liliwasilishwa mahakamani na kakake marehemu Bw. Joash Ochieng' ougo na Bw Omolo Siranga. (OP 2) Ombi hilo lilitaka mahakama imzuie Bi Otieno kumzika mumewe katika Upper Matasia. (OP 3)

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English Gloss: Announcing his second judgment in the week-long legal wrangle concerning the place where Mr. Otieno will be buried, Judge Frank Shields likewise denied completely a petition to overturn the first judgment giving Wambui the right to bury her husband. This petition requested the court to bar Mrs. otieno from burying her husband at Upper Matasia. 126 The initial constituent of OP 2, akitangaza ("announcing"), is a verb form wherein the first constituent part, the third person subject pronoun g, is an anticipatory anaphor, referring to Jaji Shields, the subject of the main clause. The medially-positioned object of the first main clause of the paragraph, ombi la kupinga uamuzi wa kwanza, is coded in the initial position of the final clause of OP 2 and the single sentence OP 3. Mahakama Kuu, and its representative Jaji Shields is reintroduced paragraph initially in both OP 5 (cf. 3 above) and in OP 10. In both of these two instances, Jaji Shields represents the most foregrounded participant. Op 10 begins a protracted thematic unit wherein Shield's decision is explained in some depth. As in the Taifa article, the lead of the corresponding Daily Nation story introduces the reader to the main participants, High Court, Virginia Wambui Otieno, and Mr. S.M. Otieno. Moreover, unlike the Taifa article, Daily Nation presents the Umira Kager participants in the lead.

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127 It can be assumed that they have a higher potential of being highlighted in one or more thematic paragraphs than if they were not mentioned in the lead. Having stated the discourse topic in the headline/sidebars and the lead, and having introduced the major participants, the writer can select from among these various participants to further discuss or explicate in subsequent thematic paragraphs. These participants/concepts are coded paragraph initially and continue in that position until the writer chooses to discuss another participant/concept. The initial thematic paragraph after the lead begins with the participial phrase, Making his second ruling after a week-long legal battle over where the body of the late criminal lawyer should be buried. Mr. Justice Shields is coded the subject of the main clause and the antecedent of his in the participial phrase. After a brief hiatus of two OPs (a single thematic paragraph), Mr. Justice Shields is reintroduced by means of the same structural pattern as in TP 1. (8) Dismissing the Thursday application and awarding the costs of the suit to Mrs. Otieno, the judge told a packed court that Mr. Ochieng' and Mr. Siranga had no locus standi (legal standing or basis) for enforcing the wishes of the late Mr. Otieno.

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128 In all, Mr. Justice Shields, representing the High court, is the main participant in three of the nine thematic paragraphs of the article. In sum, these writers of press discourse discuss paragraph topics in terms of those participants or themes which relate directly to it. These participants and themes are placed in the initial position of the OP's until the writer changes focus. Medial position According to Giv6n (1983b), participants in medial position in thematic paragraphs are characteristically continuous from the point of view of both the preceding and succeeding discourse contexts, but not maximally continuous. Giv6n's claim makes intuitive sense in that what appears in the middle of a discourse is not as important as what is at the beginning. However helpful Giv6n's assertion is, the notion of "medial position" is not well defined. When does "medial position" begin and when does it end, especially in thematic paragraphs with multiple OP's? As the data below demonstrate, medial position is a poor indicator of topic continuity because of the possibility that more than one participant or concept can exist medially. Some may be chosen for further discussion and explication while some may not be chosen at all. Medial position alone is insufficient to predict which participants

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129 will be continuous and which will not. Functional criteria such as the relationship of the participant to the discourse topic (i.e. its relative degree of foregroundedness) are important. Two examples, one from the February 14 edition of Taifa Weekly and the other from the January 7 edition of Daily Nation, illustrate this point well. Consider the lead from the Taifa sample: (9) Bi Virginia Wambui Otieno jana alasiri alipeleka ilani ya kukata rufani kupinga uamuzi wa Mahakama Kuu kwamba mumewe, Bw S.M. Otieno, akazikwe katika ardhi yao ya kiasili katika Nyalgunga, Wilaya ya Siaya. English Gloss: Mrs. Virginia Wambui Otieno yesterday afternoon sent a notice of appeal to challenge the decision of the High Court that her husband Mr. S.M. Otieno, is to be buried in his ancestral home, in Nyalgunga, Siaya District. This lead follows a headline which reads, Otieno kuzikwa Nyalgunga Korti ("Otieno to be buried in Nyalgunga Court"). Two sidebars also precede the lead, Wengi wamiminika kusikiza uamuzi ("Many crowded to hear the ruling"}, and Na sasa Wambui akata rufani kupinga uamuzi ("And now Wambui appeals to challenge the ruling"). In the lead, there are two medial participants/themes with topic continuity potential, ilani ya kukata rufani ("notice of appeal") and Mahakama Kuu ("The High Court"). In this case, the writer chose to highlight Mahakama Kuu.

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{10} Awali asubuhi, Jaji S.E.O. Bosire alitangaza kwamba kwa sababu Bi Otieno kwa upande nunoja na kakake marehemu, Bw Joash Ochieng' Ougo na Ukoo wa Umira Kager upande mwingine, walikosa kusikizana juu ya mahali ya otieno, mahakama iliingilia na kuamua akazikwe Nyalgunga. English Gloss: First thing this morning, Judge S.E.O. Bosire announced that since Mrs Otieno on the one side and the brother of the deceased, Mr. Joash Ochieng' Ougo and the Umira Kager Clan on the other side, have failed to come to an understanding concerning the place of Otieno's funeral, the court entered the judgment that he is to be buried at Nyalgunga. 130 As is evident in {10}, the discourse theme of this paragraph concerns the decision which the High Court handed down favoring a Nyalgunga burial. After a brief hiatus of two OPs, in which Mrs. otieno's notice of appeal is mentioned as supplementary information (backgrounded becasue it does comprise an element in the main story line), the decision of the High Court is again highlighted. If position alone were the mitigating criterion for topic continuity, one would expect the "notice of appeal" to supercede the "decision of the court." However, an additional criterion may be at work here. By cause and effect, it was the decision of the court which prompted Mrs. Otieno's notice of appeal. Therefore, the "decision'' is both chronologically and logically prior to the "notice of appeal" and thus deserves first mention. This factor is perhaps the reason that the "decision of the High Court" was

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131 chosen as the main topic of the headline, and Mrs. Otieno's "notice of appeal" was relegated to a sidebar. Consider now the Daily Nation story from January 7, 1987. The story's lead establishes the discourse topic. (11) Yesterday, three Court of Appeal judges Mr. Justice J.O. Nyarangi, Mr. Justice H.G. Platt, and Mr. Justice J.M. Gachuhi heard the application by Mr. Ochieng' and Mr. Siranga seeking to restrain Mrs. Otieno from burying her husband until the appeal is heard and determined. The writer has several options at this point. He/she can introduce the next TP with the most "foregrounded" participant of the lead, three Court of Appeal judges, selecting either the entire concept or one or more of the individual judges for further explication. Moreover, the writer has the option of selecting medial participants, Mr. Ochieng' and/or Mr. Siranga, for further discussion, or can choose the application which also appears medially. In this case, the writer selected to build a paragraph topic around the application. (12) The application was brought by a Nairobi lawyer, Mr. Richard Otieno Kwach, on behalf of Mr. Ochieng' and Mr. Siranga the spokesman for Siaya's Umira Kager clan who are insisting that Mr. Otieno, being a Luo, should be buried in his ancestral land at Nyalgunga Sub-location, Central Alego, Siaya District. Instead of continuing the discussion of the application or even switching topics to discuss the representatives of

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the Umira Kager Clan (found medially in (12)), the writer chooses to interject a brief discussion of another of the lead's medial participants, Mrs. Otieno. (13) Mrs. Otieno was represented at the one-hour hearing yesterday by Mr. John Khaminwa assisted by Mr. Samuel Kinuthia. 132 As this sample from Daily Nation demonstrates, only two of the medial participants are chosen as topics of thematic paragraphs. Although both Mr. Ochieng' and Mr. Siranga appear in subsequent paragraphs (in medial position, each embedded in a dependent clause), the writer does not choose them as subjects around which to build paragraph topics, i.e. they are not foregrounded.) The preceding data suggest that journalists are able to choose from a variety of participants and concepts appearing in paragraph medial position. However, in reality, writers select only a few such participants depending upon the extent to which they are related to the discourse topic. Final position Final position is reserved for those participants and concepts which are least continuous/identifiable in terms of the discourse topic. Neither are these items often chosen by the writer for further discussion. The data from Taifa and Daily Nation reveal that this position is used for those

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participants or concepts which are secondary to the discourse, often background information. Consider the following from the January 6, 1987, edition of Taifa and Daily Nation. (14) Mahakama Kuu jana iliamua kwamba Bi Virginia Wambui Otieno ana haki na wajibu wa kumzika marehemu mumewe, Bw S.M. Otieno, aliyekufa Desemba 20, mwaka jana. English Gloss: The High Court yesterday decided that Mrs. Virginia Wambui Otieno has the right and obligation to bury her late husband, Mr. S.M. Otieno, who died December 20th, last year. (15) The High Court yesterday empowered Mrs. Virginia Wambui Otieno to bury her husband, Mr. S.M. Otieno, a prominent Nairobi advocate. 133 The discourse topics of both articles, as stated by similar lead paragraphs, concerns a ruling by the Kenyan High Court allowing Mrs. Otieno to bury the body of her husband, S.M. Otieno. The final participants/concepts mentioned in the leads are, in Taifa, Bw S.M. Otieno aliyekufa Desemba 20. mwaka jana, and in Daily Nation, Mr. S.M. Otieno. a prominent Nairobi advocate. Although Mr. Otieno is relatively important to the discourse topic in that his body is the one being allowed to be buried, the fact that he died on December 20, 1986, or that he was a prominent Nairobi advocate is secondary to the story. The only other mention in Taifa of the date of Mr. Otieno's death occurs in an embedded dependent clause in OP 6. The

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134 fact that Mr. Otieno was a prominent Nairobi advocate is not mentioned again in the Daily Nation story. On occasion, a participant or concept mentioned in final position will be selected by the writer for continuity, but only as a secondary or tertiary topic. An example taken from similar news items in the February 15, 1987 editions of Taifa and Daily Nation are illustrative of this notion. Consider the stories' leads: (16) Bi Virginia Wambui Otieno jana alitangaza katika kanisa la St. Andrews, Nairobi, "ameokolewa" na kwamba amezaliwa tena. English Gloss: Mrs. Virginia Wambui Otieno yesterday announced in the St. Andrews Church, Nairobi, that "she had been saved" and that she had been born again. (17) Mrs. Virginia Wambui otieno yesterday announced at Nairobi's St. Andrews church that she had recently been "born again." In these lead paragraphs, there are at least three participants/concepts which can be potentially topicalized, the main participant, Mrs. Otieno, the setting/location, St. Andrews Church in Nairobi, and the action of being "born again" (in the Taifa article, the additional action of "being saved"). In both Taifa and Daily Nation, the respective writers have chosen Mrs. Otieno as their topical focus in all but one TP. Secondarily, the setting/location, St. Andrews Church, receives little overt mention in the two stories. Rather, it serves as "background" information,

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135 representing the setting in which Mrs. Otieno's actions took place. References, therefore, to the pastors officiating at the service, to members of the congregation or to the service itself contextualizes Mrs. Otieno's actions. Mentions of Mrs. Otieno being saved/born again are interesting in that they are the most significant events in the story yet most references are embedded in dependent, backgrounded clauses. Consider the following from Taifa and Daily Nation: (18) Bi Otieno, aliyeshindwa Ijumaa ya wiki jana katika vita vyake virefu vya kisheria vya kutaka mumewe azikwe katika shamba lao la Upper Matasia, Ngong, alitangaza hayo baada ya ibada katika kanisa hilo la Presbyterian Church of East Africa (PCEA). (OP 2) Mara tangazo hilo lilipotolewa, Bi Otieno, akifuatwa na bintiye, Elizabeth Wairimu, walisimama na kwenda mbele na wengine waliokoka. (OP 5) English Gloss: Mrs. Otieno, who was defeated Friday of last week in her long legal battle requesting her husband be buried at their Upper Matasia farm, Ngong, announced these things in this church of the Presbyterian Church of East Africa (PCEA). Immediatel'y when this announcement (by Dr. Wanjau) was delivered, Mrs. Otieno, followed by her daughter, Elizabeth Wairimu, stood up and went to the front with others who were saved. (19) The Right Reverend George Wanjau, the PCEA Moderator, asked all those who accepted the Lord to come forward to the altar for prayer, whereupon Mrs. Otieno and one of her daughters, Miss Elizabeth Wairimu, moved to the front with others who had been saved. (OP 4)

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After the service, Mrs. Otieno was hugged by scores of men and women from the congregation congratulating her on getting saved and assuring her of their support. 136 Only as a secondary subject is the event of Mrs. otieno's being born again/saved included in the narrative, although these actions serve as the framework of the story. It appears that the writers of both the Taifa and Daily Nation stories are not so concerned with Mrs. Otieno being born again/saved as they are with the Mrs. Otieno herself and her ongoing struggles in the Kenyan legal system. In other words, the occasion of Mrs. Otieno being born again/saved was a convenient vehicle for focusing the readers' attention upon the continuing legal case between Mrs. Otieno and Umira Kager. Summary The position of topics within the thematic paragraph structure reveals certain principles of topic continuity. The data from both Taifa and Daily Nation demonstrate that the model proposed by Giv6n is useful for determining which participants and/or concepts writers wish their readers to recognize as important, and which participants/concepts writers wish to subsume as nonessential to the narrative. Participants in initial position have the highest potential of becoming topics. These participants either carry newly introduced information, reintroduced information, or have

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137 already been activated in to the reader's cognitive framework and are highly identifiable and continuous, taking little time for the reader to process. Participants in medial position tend to be continuous in terms of both the preceding and succeeding discourse, but not as highly continuous as those participants in initial position. Moreover, participants in medial position, while important and potentially continuous, tend not to be foregrounded. It was also demonstrated that position itself is not an accurate indicator of topic choice if there is more than one participant in medial position. Finally, participants in final position are the least continuous and identifiable in terms of the succeeding discourse. Syntactic Structure and Topic Continuitv The issue of using language to communicate identifiable and coherent messages is multifaceted. Writers have access to a myriad of linguistic devices designed to help the reader understand what is being expressed. Furthermore, writers use a variety of linguistic strategies in order to manipulate the reader to adopt his/her point of view. For example, the writer may rearrange the normal word order of a language for the purpose of highlighting a particular participant/concept for the reader. Consequently, the writer's choice of a syntactic structure which codes

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138 identifiability and continuity will have a great impact upon how a reader interprets the message. While linguistic methodology which focuses solely on the positioning of participants within the structure of discourse is important and helpful, a complete analysis must also consider those specific morpho-syntactic elements which code topic continuity. Moreover, since continuous and identifiable topics are foregrounded, and since the notion of foregroundedness, as discussed above, is a gradient notion, then an analysis of the morpho-syntactic component of topic continuity in press discourse must be established along hierarchical lines. A useful place to begin may well be the syntactic coding hierarchy proposed in the pilot project of this study (McGarry, 1988). Patterned after the hierarchy suggested by Giv6n (1983a), this index is a serviceable one for analyzing the extent to which a reader is able to identify a particular topic in English-language press discourse (Table 4.1). The hierarchy presented in Table 4.1 will be compared to a similar paradigm for assessing Swahili press discourse (Table 4.2). It will be demonstrated that, in Swahili, topic continuity is obtained largely by means of a number of bound morphemes affixed to verbal stems, whereas English achieves the same affect through free morpheme constituents.

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Table 4.1: SYNTACTIC CODING HIERARCHY MOST IDENTIFIABLE/MOST CONTINUOUS 0 ANAPHORA PRONOUNS LEFT DISLOCATION DEFINITE NP RIGHT DISLOCATION PASSIVIZATION Y MOVEMENT/TOPICALIZATION CLEFT SENTENCE LEAST IDENTIFIABLE/LEAST CONTINUOUS (Source: McGarry, 1988) Analysis of Syntactic Devices Examples of certain syntactic structures included in Table 4.1 above, such as left dislocation, right dislocation, Y movement, and cleft sentences, were not present in the data from Taifa and Daily Nation, and therefore, will not be included in the description of the hierarchy. They remain as components of the hierarchy in order to account for future examples should they be encountered. Referential infinitive/zero anaphora 139 The Swahili referential infinitive functions in the same way as zero anaphora does in English. Both are devices used to code topic continuity over relatively short

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Table 4.2: SWAHILI TOPIC CONTINUITY HIERARCHY MOST CONTINUOUS/IDENTIFIABLE REFERENTIAL INFINITIVE CLITIC PRONOUN/VERB AGREEMENT KA TENSE DEFINITE NP PASSIVIZATION KI TENSE LEAST CONTINUOUS/IDENTIFIABLE 140 referential distances (Giv6n [1984] argues no more than five or six sentences). As Giv6n (1984) argues, zero anaphora, and by extension, referential infinitives, is employed when the "thematic continuity" is very high as in the sentence, "Once there was a king; he lived in a big castle and O loved to fish for trout .. " (Giv6n, 1984:403). Although not particularly prevalent in Swahili press discourse, referential infinitives are coded by means of an infinitive following a finite verb and a logical connector, usually NA. The following examples from the Kenyan press illustrate both the referential infinitive construction and zero anaphora. In the Swahili examples, ku (kw) represents the infinitive marker. (20) a. Ombi hilo lilisikizwa jana katika chumba cha Jaji O'Connor na kuhudhuriwa na Bw Ougo.

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a. This petition was heard yesterday in the chambers of Judge O'Connor and was attended by Mr. Ougo. b. Jaji Bosire aliagiza Bw Ougo na Bi Otieno wachukue maiti ya Bw otieno kutoka mortuary na kwenda kuizika Nyalgunga aidha wakiwa wawili au nunoja wao. b. Judge Bosire ordered that Mr. Ougo and Mrs. Otieno must take Mr. otieno's body from the mortuary and go and bury it either both of them together or one of them. (21) a. A stay was rejected. Instead he (Mr. Kwach) filed the notice and Q served it on Mr. Khaminwa. b. Mr. Omolo Siranga, the spokesman of the clan in Nairobi, was repeatedly hugged and Q congratulated by members of the clan. c. Mr. Kwach said he had been confident he could win the case since the Common Law, which Mrs. Otieno was relying on, was irrelevant and Q could not have sustained her case. Clitic pronouns. verb agreement/ pronouns 141 In Swahili, the most prevalent structure for maintaining topic continuity/identifiability is the affixed clitic subject pronoun in the verbal construct. Clitic pronominals are employed both in cases where there is little referential distance, and, as demonstrated in (22) below, in instances of high referential distance. The following text from the January 6, 1987, edition of Taifa Leo demonstrates how clitic pronouns serve to maintain topicality.

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{22) A}cichunguza kesi, Jaji Shields glimtaja marehemu Bw Otieno kuwa: "Mtu wa mjini na hata ingawa aliheshimu mila za kijamii, ni shida kuelewa jinsi mtu kama huyu angekuwa chini ya Sheria za Mila za kiafrika na hasa jamii katika sehemu za mashambani. Aliamua kwamba Bi Otieno "alitoa sababu thabiti zaidi" katika kesi hiyo dhidi ya Mabw Ougo na Siranga. A}citaja rufani ya kesi ya kiraia namba 12 ya 1979 kati ya James Apoli na Enoka Clari dhidi ya Bi Prisca Buluku, Jaji Shields alisema Bi Otieno alikuwa na haki kuchukua maiti ya Bw Otieno na kuizika. English Gloss: {He) Reviewing the case, Judge Shields spoke of Mr Otieno, "He was "man of the city" (cosmopolitan), and although he no doubt respected the customs of his "family" (clan), it is difficult to imagine a man like this would be subject to African customary law and particularly {to those) of a rural clan. He ruled that Mrs. Otieno "gave extremely strong reasons" in her case against Mr. Ougo and Siranga. (He) Mentioning a civil appeal, number 12 of 1979 between James Apoli and Enoka Clari vs. Prisca Buluku), Judge Shields said that Mrs. Otieno had the right to take Mr. Otieno's body and bury it. 142 In the sample above, Jaji Shields is maintained through the use of the clitic subject pronoun g affixed to the verbal construct. Notice that even though the referential distance between the first mention of Jaji Shields by name in the first OP and the second mention in initial position of OP 2 is fairly great, the writer chooses to code the second mention with the clitic pronoun g {gliamua). However, in OP 3, the writer codes Jaji Shields with a full

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143 NP in the main clause because the referential distance between this mention and the first mention in OP 1 is too great. What Swahili accomplishes through clitic pronouns, English achieves by means of anaphoric pronouns. Sample (23) is from a single news story from the December 31, 1986 edition of Daily Nation wherein she refers to Mrs. Otieno, and they refer to both Mr. and Mrs. Otieno. (23) Mrs. Otieno said that she was wed to Mr. Otieno on August 18, 1963 at the District Commissioner's office in Nairobi. The marriage was registered as required by the Marriage Act (Cap 150) and that she lived as his wife until his death on December 21 of this year. She said they lived in different parts of Kenya and for the last 16 years they lived at Langata's Mukinduri Road and Upper Matasia where they had established a matrimonial home. KA tense A feature of the Swahili morpho-syntactic system not shared by English is the consecutive "tense" represented by the morpheme KA. One function of KA "expresses an action or state which follows another action" (Ashton, 1944:133). The KA "tense" is significant in terms of topic continuity because it is often used to describe sequential actions performed by a single participant or participants. The following examples from Taifa demonstrate how KA is utilized to maintain topic continuity.

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(24) a. Bw Kwach alipeleka swala hilo mbele ya Mahakama ya Rufani na akafanikiwa katika ombi lake la kutaka Bi Otieno azuiwe kuchukua maiti ya mumewe kutoka chumba cha maiti ... Mr. Kwach sent this question before the Court of Appeals and succeeded in his petition requesting Mrs. Otieno be barred from taking the body of her husband from the mortuary. b. (Majaji) walisema malalamiko ya Bi Otieno hayakutilia maanani Sheria ya Kimila ya Waluo wala kesi yake kutoa mujibu kwa madai ya washtakiwa. "Kadiri mambo yalivyo sasa," majaji wakasema, "mahakama inajishugulisha tuna ushahidi ulioko kuhusu sheria ya kimila uliotolewa na washtakiwa (katika rufani) ," Mahakama ikasema. (The Judges) said the Mrs. Otieno's pleadings for mercy did not take seriously the Traditional Law of the Luos nor did her case answer against the claims of the accused. The value of "things in the manner of today" modernity," the judges said, "the court 'busied itself' considered carefully as well as witnesses who were here regarding traditional law who testified against the plaintiff," the Court said. 144 The presence of the KA in (24a) is a clear example of the sequentiality of actions accomplished by a single actor. Mr Kwach presented his petition before the court and he succeeded in his wish to restrain Mrs. Otieno. The function of KA in sample (24b) is quite similar to that in (24a). The writer is indicating that the court first denied Mrs. Otieno's claim because she did not take Luo traditional law seriously. Subsequently, the court stated that it listened carefully to both sides of the issue. Therefore, the use of

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145 KA furthers or continues the article's story line, connecting participants in the thematic paragraph together. Definite NP Unmarked Swahili nouns can be either definite or indefinite depending generally upon the context in which they are found. However, definiteness which is coded in the text can be achieved through the use of a demonstrative pronoun added to a NP (cf. Chapter Three). Swahili has three demonstratives, "proximate" (mtu huyu, "this man"), "reference" (mtu huyo, "this man being referred to), and "distance" (mtu yule, "that man over there") (cf. Hinnebusch, 1979). Leonard (1982) has shown that Swahili demonstratives differ in their "degree of attention." For Leonard, "degree of attention" corresponds to the notion foregroundedness. In other words, what receives the highest degree of attention is by its very nature highly instantiated in the short term memory of the reader. According to Leonard, the "proximate" demonstrative signals the highest "degree of attention," the "reference'' demonstrative signals a medium degree of attention, with the lowest degree being coded by the "distance" demonstrative. Leonard's conclusions can be exhibited in the following continuum. (25) Demonstrative Pronoun Foregroundedness Continuum Proximate Reference Distance Highest------------------------------------->Lowest

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In the main, most of the definite NPs (noun+ demonstrative or demonstrative+ noun) in the data were "referential" in that the demonstrative of reference was used. Often these NPs coded foregrounded participants. 146 With the exception of direct quotations, the "proximate" demonstrative was not used, and the "distance" demonstrative did not appear in the data. Consider the following from the January 15, 1987, edition of Taifa Leo: (26) Kesi kuhusu zogo la mazishi ya wakili S.M. Otieno itaanza kusikizwa Januari 21, Jaji Partick O'Connor wa Mahakama Kuu alisema jana. Kesi hiyo, iliyosikizwa sana katika wiki chache zilizopita, itaendelea kila siku hadi imazalike bila kukatizwa. Habari hizo zilitolewa katika chumba cha Jaji O'Connor baada ya kusikiza ombi la majane wa marehemu, Bi Wambui Otieno, aliyetaka ukoo wa Umira Kager uzuiwe kuchukua maiti ya mumewe kutoka City Mortuary, kwenda kuizika. English Gloss: The case concerning the burial of the attorney S.M. Otieno will begin to be heard January 21, Judge Patrick O'Connor of the High Court said yesterday. The/this case, which was continually heard in the past few weeks, will continue every day without stopping until it is finished. The/this news was delivered in Judge O'Connor's chambers after he heard the petition of the deceased's widow, Mrs. Wambui Otieno, who wishes the Umira Kager Clan to be restrained from taking the body of her husband from the City Mortuary and burying it.

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147 The first two OPs comprise the story's lead. The definite NP kesi hiyo refers back to the first mention of kesi in OP 1. It is likely that the context in which kesi (OP 1) is mentioned would render it definite. OP 2 explains that the kesi had been "heard continuously over the past few weeks." That being the case, the likelihood of Taifa's readership being aware of the case is rather high. Rendering the first constituents of OP 1 "a case concerning ... " is semantically marginal at best given the context. Habari hizo, the initial constituents of OP 3, refers back to both OP 1 and OP 2 of the lead. Habari hizo, in this case, alludes to fact that the High Court will begin to hear the Otieno Case on January 21, and will not cease hearing the case until it is finished. Definite NPs are represented in English by the article "the" plus a modified/unmodified NP or a proper name. Proper names, however, are poor indicators of new information vs. activated information because there is no distinguishing morphology. Readers must use prior mention to distinguish between new and reintroduced information. There were numerous instances of the constructions "definite article+ NP" and "proper name" in the data. These forms were often used to reestablish a topic after a short intervening bit of text. A text taken from the

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January 6, 1987, edition of Daily Nation exemplifies this structure and its function. (27) Making his second ruling after a week long battle over where the body of the late criminal lawyer should be buried. Mr. Justice Frank Shields rejected an application for a counter injunction filed on Thursday by Mr. Otieno's brother, Mr. Joash Ochieng' Ougo, and Mr. Omolo Siranga. The application sought to restrain Mrs. Otieno from burying her husband at Upper Matasia, Ngong, just south of Nairobi. INTERVENING THEMATIC PARAGRAPH (TWO OP's) Dismissing the Thursday application and awarding the costs of the suit to Mrs. Otieno, the judge told a packed court that Mr. Ochieng' and Mr. Siranga had no locus standi (legal standing or basis) for enforcing the wishes of the late Mr. Otieno. 148 Mr. Justice Frank Shields is introduced in OP 1 of the data sample, which immediately follows the story's lead. A reference to the application in OP 2 follows an initial mention in OP 1. Finally, after an intervening thematic paragraph, the writer reintroduces Justice Shields back into the register by means of the judge. As the data suggests, definite NPs (either "definite article+ NP" or "proper name") occupy a midrange vis-a-vis topic continuity. They are sometimes employed to identify and continue participants whose initial mention is not in a "foregrounded" position, as in the case of the application in (27) above. They can also be used to both introduce and reintroduce participants into the discourse.

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Passivization In the passive construction, the typical old information-new information is reversed in order to highlight the object/patient/dative presented. This is accomplished by moving the grammatical object/semantic patient to the grammatical subject position. The original grammatical subject/semantic agent either becomes the subject of a by-phrase agentive phrase or is omitted altogether. 149 Although the object/patient is highlighted in the passive, this construction generally codes non-continuous, less identifiable, backgrounded participants. However, as will be demonstrated below, the relationship between backgroundedness and the passive does not always hold. When the passive voice is applied in a clause the object is fronted into the grammatical subject position. According to Celce-Murcia and Larsen-Freeman (1983:228), the passive is used: 1. When the agent is redundant, i.e. easy to supply. 2. When the writer wants to emphasize the receiver or result of the action. 3. When the writer wants to make a statement sound objective without revealing the source of information. 4. When the writer wants to be tactful or evasive by not mentioning the agent or when he/she cannot. 5. When the writer wishes to retain the same grammatical subject in successive clauses (i.e. maintain topic continuity).

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150 Although these functions were intended for English passives, they can easily be extended to Swahili. Celce-Murcia and Larsen-Freeman, further, establish a hierarchy illustrating the frequency with which passives are used in written and spoken discourse (after Huddleston, 1971; and Shintani, 1979). They argue that passives are more frequent in scientific writing and least frequent in conversation. Press discourse is midrange. (28) Frequency of the Passive Voice in Discourse SCIENTIFIC JOURNALISTIC FICTION CONVERSATION most---l----------------1-------------1----------l-----least passives x passives Reviewing the data from Taifa, we first discover that writers do not use the passive with great frequency. In the seven articles reviewed, the passive was used 160 times, far less frequently than active voice constructions, but the occasions on which it was used were far more numerous than the "how to" textbooks would like us to believe. Second, it was found that passives generally code backgrounded information, although not always. A test was performed to determine the syntactic contexts in which passives were coded. The results are illustrated in Table 4.3 below. As the data indicate, a large majority of passives code participants which are backgrounded. These participants are either non-essential to the advancement of the story line or

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Table 4.3: FREQUENCY AND CATEGORIES OF PASSIVES # I 15 II 43 III 52 IV 6 V 26 VI 5 VII VIII 14 2 % 9.38 26.86 32.5 3.75 14.38 3.13 8.75 1.25 The categories presented above are as follows: I Main clause which advances story line (i.e. used with LI and KA tenses). II Main clauses which are contingent on other information or are interruptive (i.e. used in conjunction with KI tense). III Relative clauses IV Main clauses coded for varying degrees of possibility (i.e. with TA, NGE, NGALI tenses). V Main clauses which present background information (and use LI, KA, NA tenses). VI Part of nominal construction/NP (i.e. with KU). VII Used with subjunctive. VIII Adverbial phrases or dependent clauses with logical connectors. 151 establish the scene into which the story is set. However, not every instance of the passive is a backgrounded construction. A total of 15 occurrences (9.38%) are found in constructions which advance the story line, and are thus foregrounded. Consider a sampling of these. In the May 22, edition of Taifa Leo, a Taifaripota ("Taifa reporter'') recounted the circumstances surrounding the removal of Mr. Otieno's body from the City Mortuary and its journey, by air, to Nyalgunga. (29) Maiti ya Bw Silvano Melea Otieno ilisafirishwa kwa ndege jana hadi Kisumu ilikowasili saa nane na dakika ishirini. OP 1 INTERVENING THEMATIC PARAGRAPHS

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Kabla ya kuondoka Nairobi, maiti ya Bw Otieno ilifaniwa ibadi ya mazishi chini ya mti nje ya City Mortuary. OP 2 Kabla ya ibada, maiti ya Bw otieno ililazwa kwenye kitambaa cha "velvet" ili watu watoe heshima zao za mwisho. Ilivalishwa na suti nyeusi, viatu na soksi nyeusi. Kando yake kulikuwa jeneza ambalo aliwekwa. OP 3 English Gloss: The body of Mr. Silvano Melea Otieno was flown yesterday to Kisumu, arriving 2:20 p.m. Before leaving Nairobi, a funeral service was held for the body of Mr. Otieno under a tree outside the City Mortuary. Before the service, the body of Mr. Otieno was laid out in velvet cloth so that people could pay their las respects. He was wearing a black suit, socks and shoes. At his side was a bier on which he was placed. 152 Two things are important to note here, 1) OP 1 of (29) is the article's lead, and 2) that the writer of this story began with the plane landing at Kisumu and followed with a description of the events prior to the arrival in Luo territory. The identities of both the pilot of the airplane and the mortuary in charge of the arrangements are of little consequence to the story in that they do not further the story line. In OP 1, the writer intends to focus upon the "inanimate" corpse of Mr. Otieno. One might expect, given the empathy hierarchy discussed in Chapter Three, the "animate" pilot to be foregrounded as agent of OP 1. However, the passive serves to background the "animate" pilot so that the "inanimate" corpse of Mr. Otieno can be

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153 foregrounded. The same phenomenon is true in OP's 2 & 3. In these cases, the writer focuses upon the body of Mr. Otieno and the rituals performed "for it." In the passive, therefore, we see how a single morpho-syntactic structure can be both backgrounded and foregrounded depending upon its relationship to the context of the story. KI tense The KI tense expresses incomplete, continuous action. Contini-Morava (1989) argues that KI codes backgrounded events in that it establishes a comparison with events/participants in the foreground. According to Contini-Morava, "KI warns the listener (reader) that the event so marked is to be noted but shunted aside from the main story" (107). Consider these examples of the KI construction in Taifa: (30) a. Akitangaza uamuzi wake wa pili katika ubishi wa kisheria wa wiki nzima kuhusu mahali atakapozikwa Bw Otieno, Jaji Frank Shields, kadhalika alikatilia mbali ombi la kupinga uamuzi wa kwanza uliompa haki Wambui akamzike mumewe. Announcing his second judgment in the week-long legal struggle concerning the place where Mr. Otieno will be buried, Judge Frank Shields, likewise, rejected completely a petition blocking the first judgment giving Wambui the right to bury her husband. b. Akitupilia mbali ombi hilo na kuagiza Bi Otieno alipwe gharama za kesi, Jaji Shields aliiambia mahakama iliyojaa kwamba Mabw Ougo na Siranga hawakuwa na misimamo wo wote au sababu ya kisheria ya kutekeleza mapenzi ya marehemu Bw otieno.

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Dismissing completely this petition and ordering Bi Otieno to be given court costs, Judge Shields told a full court that neither Mr. Ougo nor Mr. Siranga had any legal standing or reason to enforce the wishes of the late Mr. Otieno. c. Akichunguza kesi, Jaji Shields alimtaja marehemu Bw Otieno kuwa: "mtu wa mjini na hata " Reviewing the case, Judge Shields spoke of Mr. Otieno that "he was a cosmopolitan ("man of the city •.. " 154 (30 a-c) were selected from a single Taifa article, the structure of which is as follows: (31) LEAD: OP 1-High Court empowers Wambui to bury Mr. Otieno OP 2-Appeal by Umira Kager. TP 1: OP 3-Judge Shield's ruling: Umira petition rejected OP 4-Umira Kager's application OP 5-6-Umira Kager files appeal TP 2: OP 7-Judge Shield's ruling: Umira "no legal standing" TP 3: OP 8-11-Description of legal tug-of-war (TRANSITIONAL TP) TP 4: OP 12-Judge Shield's ruling: Mr. Otieno "cosmopolitan" OP 13-22-Judge Shield's ruling: particulars TP 5: OP 23-24: Umira appeal One immediately notices that the larger discourse context motivates the use of KI. For example, in (30a) above, the writer wishes to convey two related notions, that this announcement of a particular ruling concerning Otieno's

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155 burial place was Judge Shields' second in the span of one week, and that part of Judge Shields' ruling was a rejection the Umira Kager Clan's appeal. The first notion, the KI clause, expands and further explicates the story's lead, thus conjoining the OP to the larger discourse topic. At the same time, the writer wishes to provide the reader new information, the second notion above. Therefore, the writer of this news story employed a KI tensed verbal in the initial positions of TPs 1, 2, and 4 (30 a, b, & c) in order to signal the reader that a change in topic is about to be effected, and that the new topic is related in some manner to the larger discourse topic. Referring anticipatorily to the main clause, the action of the KI tensed verbal is not itself highlighted. Rather, it prepares the reader for subsequent action(s). It should also be noted that KI is also used perseverently, that is, it can refer to an action or participant previously stated. Summary The hierarchies presented above enable us to determine which participants/concepts are considered continuous and foregrounded. Certain syntactic structures code higher degrees of topic continuity than other. By the same token, a structure commonly considered backgrounded may, given the right context, be coded as a foregrounded structure. By analyzing morpho-syntactic constructs in the light of their

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156 discourse contexts, we are able to make certain conclusions regarding the intentions of writers of press discourse and the ease with which these intentions are perceived by their readers. Logical Connectors One important additional item must be discussed briefly, the role of logical connectors, specifically the Swahili focus of contrast marker lakini ("but"), in foregrounding and backgrounding. Regarding the logical connector lakini, normally glossed "but" in English, the data indicates that it is coded in both paragraph-medial and paragraph-initial position. At first glance, this phenomenon appears to be unconscious and arbitrary, but on further review an interesting pattern presents itself. Consider the following from the January 6, 1987, edition of Taifa Leo: (32) a. OP 1 cf. (25a) Lakini wakili wa Bw Ougo na Bw Siranga, Bw Richard Otieno Kwach, mara moja alitoa ilani ya kukata rufani katika Mahakama ya Rufani ya Kenya, na akampa nakili ya ilani hiyo wakili wa Bi Otieno, Bw John Khaminwa. But the attorney for Mr. Ougo and Mr. Siranga, Mr. Richard Otieno Kwach, immediately filed a notice of appeal in the Court of Appeals of Kenya, and sent a copy of the notice to Mrs. Otieno's attorney, Mr. John Khaminwa. b. Bi Otieno alisema mumewe alieleza mapenzi ya kuzikwa katika shamba lao la Upper Matasia karibu na Ngong.

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Lakini ukoo wa Umira Kager ulitaka Bw. Otieno akazikwe nyumbani kwao lokesheni ndogo ya Nyalgunga, Wilaya ya Siaya, kuambatana na mila za Kiluo. Mrs. Otieno said her husband explained his wishes to be buried at their farm in Upper Matasia near Ngong. But the Umira Kager Clan wanted Bw. Otieno to be buried at his home in Nyalgunga sub-location, Siaya District, according to Luo customs. c. Bi. Otieno alinuia kumzika mumewe Jumamosi ya wiki jana, lakini mara alipopewa idhini hiyo, Mabw Ougo na Siranga walikata rufani wakitaka ifutilie mbali amri ya awali na kumzuia Bi Otieno kuchukua maiti ya Bw Otieno kutoka chumba cha wafu. Mrs. Otieno considered burying her husband Saturday of last week, but immediately (after) she was granted the injunction, Mr. Ougo and Siranga appealed asking (the court) to nullify its earlier order and bar Mrs. Otieno from taking Mr. Otieno's body from the mortuary. 157 In the first two examples, lakini appears paragraph initially, which indicates, according to Celce-Murcia and Larsen-Freeman (1983), that the discourse context "calls for an emphatic, contrary-to-expectation expression" (329). In other words, (32a & b) appear not long after the lead. In point of fact, (32a) comprises the first TP after the lead. (32b) is the stories third TP. By contrast, (32c) is taken from final thematic paragraph of the story. The information coded within that TP is not as important as in TPs 1-3. Therefore, the contrast in (32c) is not as forceful, and thus appears clause medially. Celce-Murcia and Larsen-Freeman argue

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158 that, for English, clause-medial position is reserved for strongly contrastive elements but not "emphatically" contrary to expectation. Although Celce-Murcia and Larsen Freeman's claims are not universal (common to all languages), they appear to parallel Swahili discourse. Reviewing eight lead articles from Taifa, I found seven instances of lakini appearing paragraph initially. Each of the seven paragraphs where lakini was coded in initial position highlighted one of the major parties in the burial conflict, either Mrs. Otieno or the Umira Kager Clan. In five instances, the Umira Kager Clan was the focus of contrast vs. two cases where Mrs. Otieno was the focus of contrast. The placement of these seemingly insignificant grammatical morphemes within the OP structure is significant for two primary reasons. First, it appears that the writers of these eight stories are, consciously or unconsciously, highlighting the Umira Kager Clan and their claims. Second, it may lend some support to the claim by Okoth-Okombo (personal communication) that the Taifa papers are written primarily for the wananchi ("common people") and are supportive of traditional aspects of Kenyan life. Topic Continuity and the Press The purpose of this chapter was to illustrate how the positioning of participants/concepts in thematic paragraphs and how a variety of syntactic elements are used to code

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159 topic continuity. By means of an analysis of several passages from Taifa and Daily Nation, it has been shown that certain participants/concepts are more identifiable to readers by their position within the thematic paragraph structure and by their syntactic form. From the data, four important cross-linguistic conclusions can be reached. First, topic continuity is maintained by coreferentiality at the initial position. Second, without any special devices which code topic continuity (and neither Swahili nor English possesses those devices), the further away a participant is from the initial position the more new information it carries and the less likely it will be established as a continuous topic. Third, such morpho-syntactic devices as the passive are used to indicate deviations from the typical old information-new information order. Finally, thematic paragraphs can pick up a range of participants and concepts from the discourse topic (as expressed in the lead and headline/sidebar) as paragraph topics. Likewise, a sentence can use participants and concepts from previous sentences as topics. Once thematic paragraphs and sentences establish certain participants as topics, they must continue for some time before they are switched or dropped altogether.

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PART II APPLYING THE MODEL CHAPTER FIVE PRESS DISCOURSE DATA In Chapters Two through Four (Part I), a tripartite model for analyzing written discourse was presented and discussed. An efficacious model of discourse analysis, it was argued, accounts for both sociocultural/ethnographic and cognitive variables. These factors in turn influence the coding of morpho-syntactic elements in discourse. A variety of discrete examples were provided to illustrate how this paradigm can be applied to written discourse in general and press discourse in particular. Having devised a serviceable discourse analytic model, we are now in a position to apply the model to a comprehensive set of data. The following two chapters, comprising Part II, will examine two comprehensive sets of discourse in order to evaluate the coverage of the Otieno case in some depth. In this chapter, three "straight" news stories, chosen at random from Taifa Leo and Daily Nation, and which appeared as lead articles in their respective editions, are analyzed. The articles chosen cover the span of the otieno 160

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161 case. The choice of lead stories is significant in that they have been deemed by copy editors as the most important stories in their respective editions. Moreover, they are most likely to be the first stories readers scan when they pick up a newspaper . Chapter Six is an expansion of the discussion presented in Chapter Five. Data from experimental and control groups of respondents are cited and evaluated as a further test of the validity of the discourse analytic model discussed in Part I. Objectives The primary goal of this chapter is to address two significant issues. The first matter is linguistic in nature, namely, is the integrated, tripartite model proposed in Part I a sufficient enough heuristic to anaylze a series of interrelated news texts? (A correlated issue, i.e. the model's validity vis-a-vis reader interpretation, will be discussed in Chapter 6.) The second issue, a socio political-cum-linguistic question, can be phrased as follows: what in the linguistic code/structure of these two newspapers' coverage of the Otieno case might lead the reader to conclude that one party in the conflict is being emphasized over the other party? I will argue that the model is a valuable discourse analytic paradigm. I will also show that although Taifa and Daily Nation are owned by

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162 the same parent press organization (Nation Newspapers LTD.), and although their coverage of the Otieno case was in many cases quite similar, Taifa tended to incline its coverage more toward traditional law and ethnic customs, thus, toward the Umira Kager Clan. By contrast, the language of Daily Nation reveals the paper's inclination to lean more in favor of civil and "secular" law, and thus views the claims of Mrs. Otieno in a more favorable light. Taifa and Daily Nation were chosen as the data base for this study vs. the other major Kenyan newspapers, notably The Standard and Kenya Times, because: 1) they are the largest circulating Englishand Swahili-language newspapers in Kenya, and 2) they are perceived by both scholars of the press (cf. Wilcox, 1987) and by Kenyans alike (cf. Chapter Six) as "objective," meaning they do not appear to possess an overt bias toward a single segment of Kenyan society nor toward any particular political party. The same claim cannot be made for either Kenya Times or The Standard. Kenya Times serves as the official "mouthpiece" of the dominant political party, KANU. It is, by its very nature, biased, reflecting KANU's position on any given issue. The Standard, interestingly, was perceived as being relatively objective by Kenyan respondents (cf. Chapter Six) who considered themselves Kikuyu or members of ethnicities related to the Kikuyu. By contrast, those respondents who considered themselves Luo or who had

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163 affinities with the Luo ethnic group perceived The Standard as being rather biased, i.e. these respondents perceived The Standard to have slanted its coverage of the Otieno case toward Mrs. Otieno. A third point in favor of the selection of Taifa and Daily Nation is that neither The Standard nor Kenya Times have Swahili-language equivalents which can be used as instruments of cross-linguistic comparison. As it happens, Taifa and Daily Nation are similar enough that comparisons are easily achieved without having to allow for widely divergent editorial policies. During the scope of the Otieno case, both Taifa and Daily Nation used a number of different formats in their coverage of the story. These included "straight" news stories, "straight" news stories summarizing printed transcripts of courtroom testimony 1 , editorials, and letters to the editor. Of the four types of stories listed, "straight" news stories are arguably the most "objective" in that they report an event without overt personal or organizational comment. Further, the three "straight" news stories chosen from Taifa and Daily Nation are most favorable for this study in that they present and discuss both sides of the conflict even when a decision was handed down by the court in favor of one of the conflicting parties. By analyzing these stories vis-a-vis which participants are semantically

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164 and/or syntactically highlighted, one is better able to detect subtle bias in favor of or against one of the parties in the conflict. By contrast, "straight" news stories associated with printed courtroom testimony were not chosen for analysis for two reasons. First, they are delimited by the focus of the courtroom depositions of a given day. For example, when Mr. Richard Otieno Kwach, the attorney for the Umira Kager Clan, questioned witnesses "friendly" to his (and the Umira Kager Clan's) case, that day's coverage in both Taifa and Daily Nation included a transcript of the testimony and a lead story summarizing the testimony. Both were favorable to Umira Kager. The same was true when Mr. Khaminwa, Mrs. Otieno's attorney, queried witnesses favorable to Mrs. Otieno's viewpoints. Furthermore, stories linked with printed courtroom depositions were regarded by Kenyan respondents as having an inherent bias (cf. Chapter six). Although the respondents perceived both Taifa and Daily Nation as being the most objective newspapers in Kenya, when asked whether they felt the reporting of the Otieno case was objective, every respondent indicated that the coverage was "mixed." That is, the events which transpired in the courtroom on a given day determined who or what was emphasized and deemphasized. The format for the analysis of the three "straight" stories chosen will proceed as follows: the Taifa articles

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165 will be analyzed first, followed by a comparison with the corresponding story in Daily Nation. Generalizations will then be established and discussed. January 6 1 1987 Taifa Leo The article which appeared in the January 6, 1987 edition was actually the second installment of Taifa's extended coverage of the Otieno case (APPENDIX A). The first story appeared in the December 31, 1986 edition, and reported Justice Shield's initial ruling giving Mrs. Otieno permission to bury her husband. The January 6th story opens with the headline, Wambui akubaliwa kumzika S.M. Otieno ("Wambui permitted to bury S.M. Otieno"). Its placement directly below the banner and adjacent to accompanying photographs signals its status as the edition's lead story. The headline consists of two overtly expressed participants, Wambui and S.M. Otieno, and one participant which is unnamed, i.e. the one who gave Wambui permission to bury S.M. Otieno, Judge Shields for the Kenyan High Court. It is likely that Judge Shields receives no mention in the headline for one or more of the following reasons. The first justification is one of practicality. There is insufficient space to code a by-phrase agentive and use the 80+ point "banner'' print type size chosen for this headline.

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166 Moreover, it takes less print space to code the headline with the passive marker infixed into the verbal complex than it does to mention both the agent and dative and use an active verb. Coding the headline, Jaji amkubalia Wambui kumzika S.M. Otieno, would require a smaller type face to be used, which would have the cumulative effect of slightly diminishing the level of importance the copy editor deemed the story to have. Second, overtly referring to Judge Shields in the headline is redundant. The pragmatic context of the article presupposes that, in cases where burial rights/obligations are in dispute, the governmental organization which has the prerogative to confer permission to bury a deceased relative is the High Court and its representatives, the Justices. In addition, readers would be cognizant of the special nature of this particular dispute, which, in effect, called into question the validity of traditional/ethnic law to decide cases involving the rights of persons who claim to be exempt from those laws. Luo burial customs demanded that Mr. Otieno's be returned to his home in Nyalgunga for interment. Mrs. Otieno claimed, at the same time, that it was her obligation to "follow her husband's wishes" and bury him on their farm in Upper Matasia. Since neither party was willing to concede its claim, the only arena remaining to resolve the stalemate was the High Court. The identity,

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167 therefore, of the one who granted permission for Wambui to bury S.M. Otieno would be obvious to the reader. The third justification pertains to the judgment of the copy editor who wrote the headline concerning which participant is deemed the most significant in the story. This copy editor seemingly decided to emphasize Wambui as the recipient of the action rather than Jaji Shields as the initiator of the action, even though, as shall be argued below, Jaji Shields is integral to the story. By coding Wambui in initial position, the editor is signaling the reader that Wambui receiving permission to bury her husband is the key issue of the story, that is, in the judgment of the High Court, she and not the representatives from the Umira Kager Clan have the necessary locus standi ("legal standing") to dispose of the body. It is not clear (nor is it provable here) whether the copy editor is highlighting Wambui because he/she is simply reflecting the outcome of the case or whether he/she finds the outcome surprising, i.e. she was not supposed to win. One could argue both ways. In either case, however, the fact remains that Wambui is the most highly instantiated participant in the headline. The article's lead further summarizes the story's discourse topic. Interestingly and significantly, this lead (as well as all the others in the data base from Taifa and Daily Nation) is printed in boldface. The bold typeface enables the reader's attention to be drawn to the lead, and

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168 thus, facilitates the reader's comprehension of the complete discourse topic. The lead is rendered in (1). (1) Mahakama Kuu jana iliamua kwamba Bi Virginia Wambui Otieno ana haki na wajibu wa kumzika marehemu mumewe, Bw S.M. Otieno, aliyekufa Desemba 20, mwaka jana. The High Court yesterday ruled that Mrs. Virginia Wambui Otieno has the right and obligation to bury her late husband, S.M. Otieno, who died December 20, last year. The structure of the lead is significant because the writer chooses to approach the story from the point of view of the High Court's action vs. focusing upon Wambui as the recipient of the action, as reflected in the headline. The expressed discourse topic, namely "the Kenyan High Court gave a woman named Virginia Wambui Otieno permission to bury her husband, S.M. Otieno," highlights the High Court as granter of permission for Wambui to bury S.M. Otieno, and, therefore, serves as an expansion of the scant information presented in the headline. Mahakama Kuu is coded initially with its corresponding verb in the active voice. Mahakama Kuu is highly instantiated, although it is mentioned in the lead for the first time, because the pragmatic context enables the reader to easily identify it (cf. above). In other words, readers are likely to have some knowledge of the Kenyan court system and/or they are likely to have some familiarity with the case.

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169 Bi Virginia Wambui Otieno (Wambui in the headline) is the grammatical subject of a dependent indirect speech clause, here rendering her less foregrounded than Mahakama Kuu. If the lead alone were considered, Bi Virginia Wambui otieno, together with the ruling that she has the right to bury her late husband, would be new information, therefore requiring more processing time. However, if the lead and the headline were seen as a single thematic unit, which they should be, Mrs. Otieno's having been given the right and obligation to bury her husband is no longer new information because it was reported in the headline. Therefore, the two constituents, Mahakama Kuu and Wambui, are equally foregrounded at this point. The third participant, marehemu mumewe. Bw S.M. Otieno, is the object of the infinitive, kumzika. Marehemu mumewe, mentioned in "paragraph final" position, is the least foregrounded particpant in the lead. The structure of the lead+ headline can be represented as a network of concepts with actions linking the participants together. This network is illustrated in (2). Here, participants appearing in the text are underlined. Further, highly instantiated participants are circled. A solid line indicates linkages between participants which appear in the text.

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(2) s Mahakama Kuu ) iliamua 7 ( Bi Virginia Wambui Otieno )+kumzika--+Bw S.M. Otieno 170 The participants Mahakama Kuu ("High Court") and Wambui highly instantiated concepts. Mahakama Kuu is linked to Bi Virginia Wambui Otieno by means of the verb construct iliamua. Both Bi Virginia Wambui Otieno and Mahakama Kuu are equally foregrounded, Mrs. Otieno by means of the headline and the High Court by being placed initially in the lead. The mention of Bw S.M. Otieno in the lead, joined thematically to Bi Virginia Wambui Otieno through kumzika, activates him into the network, though not as a highly instantiated concept. The conceptual network represented in (2) comprises the informational (i.e. textual) core of a larger, interrelated framework of concepts. The larger conceptual frame consists of pragmatic information vital for interpreting the coded information presented in the story. This is illustrated in (3) below. As in (2) above, foregrounded participants are circled. Double arrows indicate participants/concepts which activate each other automatically. In other words, the mention of one concept automatically calls up the other concept in the reader's mind. Single arrows delineate concepts which are activated by the mention of other participants. Often these particpants/concepts are not

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171 mentioned in the text and they require some processing time on the part of the reader. Therefore, these concepts are normally backgrounded unless they are discussed overtly or the participants/concepts which activate them are highly foregrounded. Then the degree of foregrounding depends upon their distance from the foregrounded concept in the network. For example, if say the conflict between Mrs. Otieno and the Umira Kager Clan is a highly foregrounded concept in a frame network, it would be reasonable to expect the notions "Kikuyu" and "Luo" to be partially foregrounded since ethnicity is one of the cornerstones of the conflict. Likewise, if a ruling of the High Court concerning the Otieno case is highly foregrounded, one would expect the notions regarding burial laws to be instantiated as well, provided the reader is knowledgable of the law. The symbols described above will also be used in subsequent cognitive framework diagrams in this chapter. (3) Makeup Judiciary Kenyan law re. burial Mahakama Kuu ~--iliamua (Umira Kager)~<--(ilikatilia ombi) l ,/ ( Bi Virginia Wambui Otieno }kumzika~ Bw . J. Kikuyu i S.M. Otieno Luo l, sociocultural variables sociocultural variables

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172 It is likely, that when Mahakama Kuu is read, a network of concepts pertaining to the makeup of the Kenyan judicial system as well as Kenyan law regarding burial are activated. The reader would presumably know that the High Court is a national-level institution wherein cases of the highest magnitude are heard. Likewise, the mention of Wambui in the headline and/or Virginia Wambui Otieno identifies her as belonging to the Kikuyu ethnic group (Wambui being a very common Kikuyu name) and as the wife of the late S.M. Otieno. Alluding to S.M. Otieno likely activates the concept "Luo," since "Otieno" would be readily identifiable to the reader as a Luo name. When ethnic designations are instantiated, the reader is capable of calling forth a plethora of sociocultural concepts (the values, mores, community social patterns discussed in some depth in Chapter Two) which he/she has experienced or learned. These concepts as well knowledge the reader has about the Kenyan judicial system and the event itself form the pragmatic context by which the reader is able to interpret this particular linguistic event. The interface between sociocultural context and written text will be discussed at length in Chapter Six. Even in cases where the reader may not be familiar with any of the participants expressed in the headline and/or lead, knowledge of the world and/or knowledge of the actions in which these concepts participate aid in their activation

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173 into the reader's conceptual network. As the story continues and these concepts are defined and discussed, relational associations are established and the concepts become a part of the network. If, for example, a reader does not know the identity of Virginia Wambui Otieno or her husband, S.M. Otieno, the reader will either identify the two participants by associating their names with their ethnic identities or they will define their roles vis-a-vis the actions expressed in the headline/lead. Although there doubtless were readers in Kenya unfamiliar with the case when the January 6th edition of Taifa was printed, it is likely that the wrangle over Otieno's place of burial as well as the fact that Otieno's wife, Mrs. Virginia Wambui Otieno, sought to challenge the locus standi of the Luo customary law was fairly well known given the prominence the story received in the press. Not only was the story covered by the print media, it was also carried over the Voice of Kenya (Radio) and the Kenyan Broadcasting Service (television) (Okoth-Okombo, personal communication). Included in the frame in (3) above are two components (a participant and corresponding action) not overtly mentioned in the lead, but given the pragmatic context of the Otieno case, are presumed to be instantiated nevertheless. Mentioning Virginia Wambui Otieno activates the Umira Kager Clan since the case revolves around a

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dispute between Mrs. Otieno and Umira Kager. Moreover, given the fact that Judge Shields ruled in favor of Mrs. otieno, the notion that the Umira Kager's claims were rejected would be obtained in the reader's conceptual framework. 174 Having two equally instantiated participants in the headline/lead, Mahakama Kuu and Virginia Wambui Otieno, the writer can choose one or both of these, or even a third participant, such as the Umira Kager clan's claims, for further discussion. As will be shown below, structural cues in the body of the article (post lead) reveal that the writer has chosen to highlight two "events" in the following order of importance: "Event 1," the decision rendered by Judge Shields giving Mrs. Otieno permission to bury her husband and denying the petition of the Umira Kager Clan to restrain her from carrying out the burial (the emphasis is on Judge Shields), and "Event 2," the Umira Kager Clan's rejection of Judge Shield's ruling and the notification of their appeal to a higher judiciary. Although Judge Shields reflects many of Mrs. Otieno's claims in his ruling, Mrs. Otieno herself, including her reactions to the ruling, does not receive any special post-lead focus in this story. Her foiled plans for burying her husband are reported, but this discussion is placed at the end of the article (TP 7). The body of the story comprises seven thematic paragraphs, two of which can be considered transitional,

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175 i.e. discussing backgrounded information while functioning to signal a change in topic. The structural framework of the story is represented in Figure 5.1. The outline below is structured in such a way as to illustrate the thematic flow of the story. Each thematic unit (including the headline/lead) is listed in the order of its appearance in the story. The OP designation, recorded in parentheses following the TP number, signifies which of the article's OP's comprise a single TP. For example, OP's 7-9 of the story constitute TP 4. Each TP is given a title which signifies either the function of the TP within the scope of the discourse or the main topic of the TP. For example, TP 3 functions as a transitional paragraph, after which a new topic or a reintroduced topic is discussed. Following those TP titles which are functionally designated, there is a short description of the main topic of the unit. The arrows represent the flow of the story, both in terms of the intraand inter-paragraph structure. This type of diagram will be used below to illustrate the structure of the other articles analyzed in this chapter. The initial TP after the headline/lead presents two events which serve as an expansion of information presented in the headline/lead. First, the representative of the High Court, Jaji Frank Shields, denies the Umira Kager Clan's petition to restrain Mrs. Otieno from burying her husband (part of "Event one"). Second, having lost the

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-I 176 HEADLINE/LEAD (OP 1) High Court gives Mrs. Otieno permission to bury SM I V TP 1 (OP's 2-4) EVENT 1 --------> CONTRAST---------> EVENT 2 Judge Shields rejects Ougo Ougo and Siranga file and Siranga's claim appeal V TP 2 (OP 5) EXPANSION OF EVENT 1 Shields tells court Ougo and Siranga have no legal standing to enforce S.M.'s wishes, and awards court costs to Wambui. V TP 3 (OP 6) TRANSITION Legal tug-of-war between Wambui and Umira Kager, led by Siranga, when S.M. died. I V TP 4 (OP's 7-9) DESCRIPTION OF TUG-OF-WAR Wambui's side ---->CONTRAST---> Umira Kager's side S.M. explained his wishes Nyalgunga burial for Upper Matasia b4rial re. Luo customs V TP 5 (OP's 10-19) EXPANSION/DETAILS OF JUDGE SHIELD'S RULING I V TP 6 (OP 20) EXACT WORDING OF UMIRA KAGER'S APPEAL I V TP 7 (OP's 21-25) MRS. OTIENO'S PLANS FOR BURIAL POSTPONED Figure 5.1: TAIFA LEO, JANUARY 6, 1987

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177 appeal, representatives from Umira Kager immediately appeal Shield's decision to the Court of Appeals ("Event Two") in that the appeal is a direct result of the conflict between the clan and Mrs. Otieno). The first "event" is introduced by akitangaza ("making known") which is coded in the initial position of the first OP of TP 1. Coding the verb form in the KI tense signals a gradual transition from the terse presentation of the discourse topic in the headline/lead to a greater discussion of that information in TP 1. Rather than identifying Jaji Frank Shields initially, thereby abruptly interrupting the flow of the story, the writer provides the reader with supplementary information which facilitates the progression of the writer's argument. In this case, the writer states that the ruling handed down by the Mahakama Kuu concerning S.M. Otieno's burial site is the second one in a week. There are two further instances wherein the KI tense is used to signal topical transition. After an absence from the register of three sentences, Jaji Shields is reintroduced by means of the construction, Akitupilia, coded in initial position of TP 2. After introducing "Event One," Judge Shield's rejection of Umira Kager's petition, and "Event Two," reporting Umira Kager's immediate appeal to the Court of Appeals, the writer returns to further discuss "Event One" by means of a KI tensed construction. Likewise,

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178 in TP 4, the writer returns to a detailed discussion of "Event One" by means of the construction, Akichunguza, coded in initial position of the TP. one further example of the KI tense bears mentioning at this point. In OP 3 of TP 4 (OP 12 of the story), akitaja ("citing") appears initially. This KI construction does not signal a change in topic however. The writer inserts information, the general idea of which is important to the story, but the content of the information is not of particular importance to the reader. In this case, the writer reports that Judge Shields used legal precedence to arrive at his decision. However, the particular case which he cited (Apoli & Olari vs. Buluku) is not sufficiently important to warrant being coded in a foregrounded construction (one which carries the story line). Therefore, the writer inserts this information in a backgrounded KI tensed clause. The third person singular pronominal subject marker, g of akitangaza in TP 1, refers anticipatorily to the mention of Jaji Frank Shields in the main clause, and signals the reader that a new participant is about to be introduced. "Event One" is highlighted not only by means of morpho syntactic structure, but also by position both within the larger discourse structure (macro-structure) as well as within the thematic paragraph structure. Consider the entire TP 5, which is the largest single TP in the story:

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(5) Akichunguza kesi, Jaji Shields alimtaja marehemu Bw Otieno kuwa: "Mtu wa mjini na hata ingawa aliheshimu mila za kijamii, ni shida kuelewa jinsi mtu kama huyo angekuwa chini ya Sheria za Mila za Kiafrika na hasa za jamii katika sehemu za mashambani." Aliamua kwamba Bi Otieno "alitoa sababu thabiti zaidi" katika kesi hiyo dhidi Mabw Ougo na Siranga. Akitaja rufani ya kesi ya kiraia namba 12 ya 1979 kati ya James Apoli na Enoka Clari dhidi ya Bi Prisca Buluku, Jaji Shields alisema Bi Otieno alikuwa na haki kuchukua maiti ya Bw Otieno na kuizika. Jaji Shields alikumbusha kwamba Bw Kwach aliwasilisha sababu kwamba Waluo ni wa jamii ya Nilotic na si Wabantu, kama Waluhya au Wanyore "lakini alikosa kuonyesha jinsi tofauti hii ilihusiana na sababu zilizotolewa katika mahakama ya rufani katika kesi hiyo ya Apoli/Bi Buluku." Jaji alisema hakukuwa nacho chote katika kifungu cha 3(2) cha Sheria ya Mahakama kilichoeleza kwamba mwakilishi wa mtu binafsi alikuwa na wajibu wa kumzika Mluo au mtu wa kabila lo lote kuambatana na mila za kikabila au alikotoka. Kadhalika, mwakilishi kama huyo hana wajibu wa kufuata sherehe za kidini za aina yo yote. "Na hata kama wajibu kama huo utagunduliwa katika sheria zetu, sioni ni kwa njia gani Mabw Ougo na Siranga wanaweza kuutekeleza "wajibu huo, 11 jaji alisema. Jaji Shields alisema hata kama ingethibitishwa kwamba marehemu (Otieno) alitaka kuzikwa kuambatana na mila za Kiluo (na ushahidi wa Mabw Ougo na Siranga haukuwa na ngugu kuhusu jambo hili kama wa Bi Otieno), mabwana hawa hawana haki yo yote ya kisheria kutekeleza mapenzi hayo ya marehemu wakili. Jaji kadhalika alitaja kifungu cha 146(2) cha Kisheria ya Afya ya Jamii kinchompa waziri wa Afya kibali mwakilishi wa haki kulingana na sheria au jamaa yake ya karibu mradi tu iwe na haki ya kisheria kutekeleza mapenzi ya marehemu. 179

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Hivyo, naonelea kwamba Bi otieno amethibitisha kikamilifu anaweza kufanikwa kupata kibali kama hicho ... ," Jaji akasema. Hivyo, Jaji Shields alitangaza kwamba hangeondolea mbali wala kubatilisha amri iliyotolewa Desemba 30, mwaka jana. Aliagiza Bi Otieno alipwe gharama za kesi hiyo. English Gloss: Reviewing the case, Judge Shields mentioned that the late Mr. Otieno was, "a metropolitan and although he respected his family's customs, it is a problem to explaim how a man like this would be subject to African traditional law and particularly those of the rural areas. He ruled that Mrs. Otieno "gave very strong reasons" in this case against Mr. Ougo and Mr. Siranga. Citing an appeal of civil case number 12 of 1979 between James Apoli and Enoka Olari vs. Ms. Prisca Buluku, Judge Shields said Mrs. Otieno has the right to take Mr. otieno's body and bury it. Judge Shields recalled that Mr. Kwach reached the conclusions that the Luo are Nilotic people and not Bantus, like the Luhya or the Nyore "but he failed to show how this difference affected the reasoning given by the court of Appeals in this case of Apoli vs. Buluku. The judge said there was nothing at all in section 3(2) of the Judicature Act which clarifies that a personal representative has the right to bury a Luo or a person of any ethnic group according to ethnic customs or those in his ethnic area. Likewise, a representative like this one does not have the right to follow religious law of any kind. "And even if such a duty would happen to be found in our law, I do not see how Mr. Ougo and Mr. Siranga could enforce that duty," the judge said. Judge Shields said that even if it could be established that the deceased (Otieno) wanted to be buried according to Luo customs (and the evidence of Mr. Ougo and Mr. Siranga was not as 180

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strong as that of Mrs. Otieno), these gentlemen have no legal rights whatsoever to enforce these wishes of the deceased lawyer. The judge likewise mentioned section 146(2) of the Public Health Act which gives the Minister of Health the right to permit a representative or next of kin only if they have the legal right to enforce the wishes of the deceased. "Accordingly, I am of the opinion that Mrs. Otieno has completely established that she could be successful getting a permit like this ... " the judge said. Accordingly, Judge Shields proclaimed that set aside not cancel in any way the order given December 30, last year. I order Mrs. Otieno be paid the costs for this case. 181 In scanning Taifa and Daily Nation, I noticed that news events are generally presented tersely, and without attention to detail at the beginning of the story. Afterwards, the writer may expand on the event by providing more detail. Expansions of this nature commonly appear discourse medially. This is the case with TP 5. After Judge Shields' ruling and Umira Kager's rejection of that ruling are reported in TP's 1-2, and after some background of the conflict between Mrs. Otieno and Umira Kager is provided in TP's 3-4, the writer expands his/her coverage of the ruling by furnishing the reader with the particulars of the ruling. The length of TP 5, particularly the detail to which the writer describes the judgment, is evidence of the importance given to this "event."

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182 Regarding the structure of TP 5 itself, the most highly instantiated participant, Jaji Shields, is maintained and continued by means of being placed initially in almost every OP. By identifying and maintaining Jaji Shields in this manner, the writer can: 1) coherently discuss the particulars of his ruling, and 2) maintain a sense of objectivity and proper citation (i.e. associating what he/she has written with what Judge Shields ruled). After being mentioned in OP 1 initial position by means of the KI tensed clause construction, akichunguza kesi ("reviewing the case"), Judge Shields receives full mention as the subject of the initial main clause of the OP. Following that initial mention, references to him are coded paragraph initially in every OP except four. This is commonly effected through the use of the anaphoric subject pronoun, g, in the verbal complex. For example, OP 2 begins with aliamua, wherein the marker, g, refers perseverently to Jaji Shields in OP 1. Anaphoric references such as the ones in Op 1 & 2 begin OP's 3 as well. OP's 3 & 6 begin with somewhat unexpected full NP reference to Jaji Shields. It is unexpected because there is not an unreasonable referential distance between the full NP reference to Judge Shields in the main clause of OP 2 (middle position) and the reference in OP 3. In other words, the reader would likely be able to sustain the reference had a subject pronoun been used instead of an NP.

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183 The presence of the full NP is likely motivated by the existence of sub-themes (related to the paragraph topic) within thematic paragraphs. TP 4, as a thematic unit, describes Judge Shields' ruling in some detail. However, there are four components to the ruling. The first is presented in OP's 1-3, and pertains to Mrs. Otieno's rights to bury her husband. The second component concerns Shields' rejection of the argument presented by Attorney Kwach that Luos are Nilotic and possess different cultural values than Bantus. This phase of the ruling is presented in OP's 4-6. OP 4 begins with the full NP, Jaji Shields, and OP 5 with the abbreviated, Jaji, coded initially. The condensed form, Jaji, is likely motivated by a rather large referential distance between first and second mentions of Judge Shields. OP 6 is connected with the previous OP through the use of kadhalika ("likewise"). The third component of TP 4, beginning with OP 7 and ending with OP 9, begins again with the full NP citation, Jaji Shields. As in the second sub-theme unit, the second OP begins with the condensed NP, Jaji. This too is likely resultant from a sizeable referential distance between the mention of Jaji Shields in OP 7 and the subsequesnt allusion in the initial position of OP 8.

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184 The writer summarizes Judge Shields' closing remarks in OP 10. Here, as in OP's 4 & 6, reference to Judge Shields is coded as a full NP. The second "event" introduced in TP 1 (OP 4), namely the appeal filed by the Umira Kager Clan and its representatives, is foregrounded by means of the contrastive logical connector lakini (cf. (6)). (6) Lakini wakili wa Bw Ougo na Bw Siranga, Bw Richard Otieno Kwach, mara moja alitoa ilani ya kukata rufani katika Mahakama ya Rufani ya Kenya, na akampa nakili ya ilani hiyo wakili wa Bi Otieno, Bw John Khaminwa. English Gloss: But the attorney for Messrs. Ougo and Siranga, Mr. Richard Otieno Kwach, immediately filed an appeal in the Court of Appeals of Kenya, and gave a copy of this appeal to Mrs. Otieno's attorney, Mr. John Khaminwa. After the writer introduces "Event One" into the register by means of the headline/lead, and explains that the petition which was sent to the High Court requested that Mrs. Otieno be restrained from burying her husband (OP 1 of TP 1), he/she reports that Umira Kager immediately filed an appeal with the Court of Appeals, i.e. "Event Two." Lakini, coded in OP initial position, has the effect of emphasizing the focus of what is being contrasted, namely the Umira Kager Clan filing an appeal seeking redress of their claims. Although this OP is the final one of TP 1, and would not be expected to be highly continuous and/or foregrounded, lakini

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185 renders the OP important in the context of TP 1, and increases the potential that the Umira Kager's claims will be a topic of further discussion in the story. In fact, the writer chooses to further discuss Umira Kager in TP's 3 & 4. IN TP 3, the writer overtly acknowledges the conflict between Mrs. Otieno and Umira Kager with the following. (7) Zogo la sasa la kisheria kuhusu atakapozikwa wakili huyo baina ya Bi Otieno na ukoo wa Umira Kager mara Bw Otieno alipoaga dunia katika hospitali ya Nairobi Desemba 20. Ukoo wa Umira Kager unaongozwa na Bw Siranga. English Gloss: The recent legal tug-of-war, concerning where this attorney will be buried, between Mrs. Otieno and the Umira Kager clan began when Mr. Otieno passed away at Nairobi Hospital December 20. The Umira Kager clan is led by Mr. Siranga. After introducing the parties in the conflict, first Mrs. Otieno and then Umira Kager, the writer discusses their separate claims in TP 4. (8) Bi Otieno alisema mumewe alieleza mapenzi ya kuzikwa katika shamba lao la Upper Matasia. Lakini ukoo wa Umira Kager ulitaka Bw Otieno akazikwe nyumbani kwao lokesheni ndogo ya Nylagunga, wilaya ya Siaya, kuambatana na mila za Kiluo. English Gloss: Mrs. Otieno said her husband explained his wishes to be buried at their farm in Upper Matasia. But that Umira Kager clan wanted Bw Otieno to be buried at thier home, Nyalgunga sub-location, Siaya district, according to Luo customs.

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186 Here, as in (8) above, lakini in OP initial position functions to heighten the contrast between the two opposing claims, that is, Mr. Otieno should be buried in Nyalgunga according to Luo traditions. In summary, two "events" carry the story line (i.e. are foregrounded) in the January 6th edition of Taifa Leo. "Event One," Judge Shield's ruling granting permission for Mrs. Otieno to bury her husband, in effect highlights and upholds Mrs. Otieno's claims that she has the proper locus standi to dispose of the body of her late husband. However, it is not Mrs. Otieno's claims per se which are foregrounded. Rather, Judge Shields' interpretation of those claims vis-a-vis the Kenyan legal code. The writer, therefore, avoids overtly supporting Mrs. Otieno's position by simply reporting what Judge Shields handed down. "Event Two," the filing of an appeal to the Kenya Court of Appeals on the part of the Umira Kager clan stands in marked contrast to the first "event." Structurally, "Event Two" is marked for emphasis through the use of the contrastive connector lakini. I have argued that lakini is an effective discourse marker which draws the reader's attention toward the Umira Kager's claims in opposition to the court ruling handed down by Judge Shields. The frame instantiated by the story is bifocal, with "Event One" foregrounded as the particular circumstances

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187 around which the story is built. "Event Two," the rejection of the judgment and subsequent appeal by Umira Kager, represents the the antithesis of "Event One" and is foregrounded in two distinct and important places in the story. The frame network is represented in (9). Values re. law t (9) Sociocultural variables t Knowledge of ~enyan court system ( Mahakama Kuu Jaji Shields J _U_m_1._ r-a--K-a_g_.e_r_(_O_u_g_o_/_S_i_r_a_n_g_a_)_--""\ Luo C Bi . " Kikuyu + 1. 1.amua .j,, Virginia Wambui Otieno J " alikubaliwa kumzika ilika a rufani .l; Sociocultural variables "\. t' k'l' S.M. O 1.eno-+wa 1. 1. What is important to note here is that as the story unfolds and foregrounded concepts are further discusssd or new participants introduced, the frame network expands. The frame in (9) represents the development of the reader's initial frame, illustrated in (3) above. The location wherein the network is entered, i.e. the participants/events/concepts which are morpho-syntactically foregrounded in the text, will determine which contextual features are instantiated. In other words, the pragmatic context of a news event is potentially extensive, too extensive to be contained within the reader's active memory. However, as foregrounded participants/events/concepts are discussed that network becomes delimited to be contained

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188 within the reader's active memory. This supports prior research in the field of discourse analysis which has focused upon the integration between "non-linguistic" pragmatic or contextual information and the text's morpho syntactic code (cf. Gumperz, 1982; Ellis & Roberts, 1987; and Green, 1989). In the case of the Taifa story being analyzed, the link between Mahakama Kuu, Bi Virginia Wambui Otieno, and S.M. Otieno (and the actions in which they participate) represents the storyline presented in the headline/lead. With the mention of the ruling giving Mrs. Otieno permission to bury S.M., the other disputant in the case, the Umira Kager Clan, is instantiated, and by means of morpho syntactic coding, is foregrounded as a second major element in the story. These participants, in turn, activate socio cultural variables, which, as shall be shown in Chapter Six, influence the way in which readers interpret the story. Daily Nation Whereas the Taifa article begins with the simple, single headline declaration that Wambui has been given permission to bury S.M., Daily Nation's headline is quite complex, comprising the main head and two sidebars (cf. APPENDIX B). The main headline, SM: Brother loses case. then appeals, begins with what seems a rather innocuous abbreviation, SM. However meaningless this abbreviation may

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189 appear at first notice, it is actually quite significant in that it signals the pragmatic context of the story, which, in turn, activates the reader's "Otieno Case" frame. SM refers not only to the late Nairobi attorney but also to the conflict over burial plans between his widow and his kinship family. Moreover, that an abbreviation was coded at this juncture instead of a full NP reference such as The Otieno Burial Case may indicate that the case was in fact fairly well known to the readership. At least, the copy editor(s) who wrote the headline presumably assumed the case was well known. What follows SM, namely Brother loses case. then appeals, establishes new information about the case; information the copy editor has deemed important for the reader's understanding of the event. What is surprising about this segment of the headline, however, is the copy editor's choice of the verb "lose" vs. the option, "win." I would argue that the choice may have two pragmatic motivations. First, having chosen to foreground Otieno's brother (Mr. Ougo) in the initial position of the post-colon clause and coding him as the subject of the verb lose emphasizes (albeit negatively) Mr. Ougo. In terms of the empathy hierarchy presented in Chapter Three, Mr. Ougo, coded as the agent of the clause, receives greater empathy. Moreover, choosing to highlight the fact that he lost the case likely connotes that he was, in fact, expected to win.

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190 In the words, Mr. Ougo's losing the case was surprising, and therefore newsworthy. Second, the choice of "lose" vs. "win" may serve to cast Mr. Ougo in an unfavorable light in the reader's mind. This is due largely to the fact that the verb "lose" carries such negative connotations as deprivation and failure. Moreover, when viewed in the context of one of the accompanying sidebars, the negative image of Mr. Ougo's legal claims is reinforced. The sidebar which appears above the main head, Otieno was a cosmopolitan. asserts Shields, suggests that Mr. Otieno was a person who lived in accordance with urban/non-ethnic traditions, and therefore subjected himself to secular law. The gist of Mr. Ougo's suit, on the other hand, was the assertion that Mr. Otieno, by the very fact that he was a Luo, was subject to Luo traditions and was obligated to be buried in his ancestral home. "Capping" the main headline (placing a sidebar above the headline) with this sidebar renders the following interpretation: the brother's claim that all Luos, irrespective of their socio-economic status or their individual values/mores, are equally subject to the traditional Luo legal system are completely unjustifiable vis-a-vis current Kenyan secular law. A third sidebar, battle continues in court this morning, is coded directly below the main head. This sidebar, in conjunction with the main headline and the

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191 "capped" sidebar, suggests that Otieno's brother (Mr. Ougo), having had his claim repudiated by the High Court, rejected the court's ruling, intending to persevere with his claim through the process of appeal. The lead ((10) below) consists of two OP's, only the first of which is in boldface type. OP 1 of the lead is quite similar in structure and content to the corresponding Taifa lead; the difference being the mention in Daily Nation of Mr. Otieno's former vocation, "a prominenent Nairobi advocate," while Taifa simply recorded the date of his death. (10) The High Court yesterday empowered Mrs. Virginia Wambui Otieno to bury her husband, Mr. S.M. Otieno, a prominent Nairobi advocate. But an appeal was immediately filed and will be heard at 11 this morning by three Court of Appeal judges, Mr. Justice J.O. Nyarangi, Mr. Justice H.G. Platt, and Mr. Justice J.M. Gachuhi. Three issues become immediately apparent vis-a-vis this lead. First, that OP 1 is printed in boldface renders it more prominent to the reader than OP 2. Like Taifa's lead, the High Court has the highest degree of foregrounding being the subject of the main clause, and being in initial position in the OP. Unlike Taifa, where Bi Virginia Wambui Otieno is the subject of a dependent clause, Mrs. Virginia Wambui Otieno is the object of the lead's initial main clause. Therefore, Mrs. Otieno invokes a higher degree of

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192 empathy as object of the clause than as subject of a dependent clause (in Taifa), although not as high a degree as the High Court, and although she is the third participant mentioned. The high degree of empathy renders Mrs. Otieno a likely candidate for further discussion. Second, it is significant that the report of Otieno's brother's (and Umira Kager's) appeal is coded in a non boldfaced OP. Although OP 2 begins with the contrastive element, but, which would ordinarily render the OP foregrounded as a focus of contrast, the lack of boldface type in contrast to OP 1 renders it backgrounded information in conjunction with OP 1. Hurried readers or readers who are not particulatly interested in the case would probably consider themselves essentially informed of the event through the head and the boldface OP, and would likely not read past OP 1 of the lead. Third, the writer has chosen to emphasize the appeal in OP 2 rather than the one(s) who filed the appeal, namely Mr. Ougo and Umira Kager. Instead of coding the action of filing the appeal by means of the active voice, wherein Mr. Ougo (or Otieno's brother) would be the agent/subject and an appeal the patient/object, the writer has chosen to code the verb in the passive voice and omit the by-phrase agentive. This construction elicits no reader empathy and serves to background Mr. Ougo and Umira Kager (as well as their claims).

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193 I would, therefore, argue that the frame evoked in the reader's mind highlights two interrelated issues: 1) the High Court's decision giving Mrs. Otieno permission to bury her husband, and 2) the conflict itself between Mrs. Otieno and Umira Kager, wherein Mrs. Otieno is viewed as the "winner" and is, therefore, emphasized, while Umira Kager is seen as "the loser," and is backgrounded. This network can be illustrated in (11). ( 11) Continuation sociocultural information t Otieno case Kenyan ( + emoowered Court system + ( __ M_r_s_ . ...-v_i_ r_g_i_n_i_a_w_a_m_b_u .. i_ _o_t_i_e_n_o_~) .J ' winner blry S.M. Otieno l Lfo Umira Kager . ! files ! appeal The post-lead structure of the Daily Nation story is quite similar to the one in Taifa. However, there are three very significant differences which further reinforce the notion that Mrs. Otieno's claims are more highly foregrounded than those of the Umira Kager Clan. The first two distinctions relate to the use of the contrastive element, but, sentence initially vs. sentence medially. As was the case in the Taifa story, the initial post-lead TP discusses Judge Shield's ruling rejecting the application brought forward by Umira Kager seeking to

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194 restrain Mrs. Otieno from burying her husband. The third OP of TP 1 begins with the contrastive conjunction, but, and reports the filing of an appeal by Umira Kager. Whereas, in the Taifa article, the emphasis (or focus of contrast) was on Umira Kager's rejection of Judge Shield's ruling, the focus here is on the continuation of the case. In other words, OP 2 of TP 1, like OP 2 of the lead, is conjoined thematically with the sidebar which reports battle continues in court this morning. Because the reader has already been cued by means of the sidebar that the case is to be continued, the mention of Mr. Kwach (representing Mr. Ougo and the Umira Kager Clan) filing an appeal reinforces this notion. The reader's attention, therefore, would likely be drawn to the protracted nature of the case rather than to the particular participants filing the appeal. Second, in the TP which reports the particulars of the conflict between Mrs. Otieno and Umira Kager (TP 3), the writer of the Taifa story codes an OP initial contrastive conjuntion, lakini, which serves to emphasize Umira Kager's contention that they have the proper locus standi to dispose of Mr. Otieno's body. However, in the corresponding TP of Daily Nation (TP 2), the writer codes the contrastive element sentence medially (cf. (12)).

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(12) Mrs. Otieno said her husband had expressed his wish to be buried on their Upper Matasia farm, while the clan wanted Mr. Otieno's body to be buried according to Luo traditions at his ancestral Nyalgunga sub-location home, Central Alego, Siaya District. 195 The presence of the conjunction, while, in sentence medial position diminishes the significance of the contrast. Mrs. Otieno, as subject/topic of the main clause, retains her status as the most highly foregrounded element in the OP. When viewed in the larger context of the Daily Nation story, the focus on Mrs. Otieno in TP 2 is both natural and expected. In the lead, Mrs. Otieno elicits a relatively high degree of empathy as object of the main clause, meaning there is a high degree of probability that she will either be maintained/continued as the topic of the following TP, or discussed at a later point in the article. This is certainly the case in TP 2. After an absence in the register of one TP, wherein the High Court is discussed, Mrs. Otieno is reintroduced as the topic of the following TP. The third difference pertains to the presence of an extended TP at the end of the story wherein Mrs. Otieno's reactions to the case, to the Umira Kager Clan, and to her foiled burial plans are reported. Taifa eliminates this coverage altogether. This final TP in Daily Nation serves

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196 to further reinforce Mrs. Otieno's importance in the story. The placement of the TP in this position follows the general macro-structural pattern whereby the topic which received the highest degree of foregrounding in the lead (High Court) is expanded first in TP 5, followed by the expansion of actions/reactions relating to Mrs. Otieno, who elicited the next highest level of empathy. While it is true that the Taifa writer highlighted Mrs. Otieno in the headline/lead and reported Mrs. Otieno's thwarted plans to bury her husband at the end of the article, the coverage of Mrs. Otieno's foiled plans in Taifa can be regarded as secondary information because it is out of synch with the flow of the remainder of the story. In other words, Mrs. Otieno's change of plans cannot be construed as part and parcel of Judge Shields' ruling, although one could argue that they resulted, albeit indirectly, from the Umira Kager appeal. At any rate, Judge Shields decided that Mrs. Otieno was free to obtain the body from the mortuary and bury it. Mrs. Otieno, on the other hand, decided to postpone the burial. Her actions, therefore, are not connected with "Event One" and may only be indirectly connected with "Event Two." In summary, it has been shown that although the Taifa and Daily Nation articles have similar macro-structures, they differ in substantive, though subtle, ways. The two stories are similar in that they both highlight Judge

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197 Shields' ruling giving Mrs. Otieno permission to bury her late husband. The two stories contrast in that that Taifa story emphasizes the Umira Kager's rejection of Judge Shields' ruling, whereas Daily Nation promotes Mrs. Otieno's claims by giving them extended coverage. March 26. 1987 Taifa Leo The second series of articles chosen for analysis report a conflict between Mrs. Otieno and five members of Mr. Otieno's kinship family concerning inheritance rights. Taifa's headline reads, Mali ya Otieno: Wambui apingwa ("Otieno's estate: Wambui opposed") (cf. APPENDIX C). By placing mali ya Otieno initially, the copy editor signals the reader that the story pertains to Mr. Otieno's estate, a related issue in the protracted dispute concerning the location of Mr. Otieno's burial. The post-colon clause, Wambui apingwa, designates new information pertaining to Mr. Otieno's estate, i.e. Mrs. Otieno is opposed vis-a-vis her right of inheritance. The story's lead (cf. (13)) expands the information provided in the headline by reporting that Mrs. Otieno had petitioned the High Court seeking to become the executor of Mr. Otieno's estate, and that she was opposed in her efforts. (13) Bi Virginia Warnbui otieno arnepingwa katika ornbi lake kwa Mahakama Kuu la kutaka apewe kibali cha kusirnarnia rnali za rnarehernu rnurnewe, Bw S.M. Otieno.

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English Gloss: Mrs. Virginia Wambui Otieno has been opposed in her petition before the High Court seeking to be given oversight over the estate of her late husband, Mr. S.M. Otieno. 198 One immediately notices that the identity of the one/ones who filed the objection is not cited in the lead. Rather, the citation is suspended until TP 1. The lead/headline construct, considered in and of itself, focuses largely upon Mrs. Otieno; specifically, upon the fact that she was opposed in her petition. However, when considered in the context of the body of the article, this headline/lead resembles the macro-structure of the January 6th Daily Nation story wherein the Umira Kager representatives are highlighted in the headline/sidebars with semantically disapproving language. This is followed by the body of the text which affirmatively emphasizes the High Court and Mrs. Otieno. In this instance, both the headline and lead focus on Mrs. Otieno as one who is opposed vs. the remainder of the story which highlights those who oppose Mrs. Otieno and the reasons for their opposition. Consider the article's macro-structure in Figure 5.2. The data in (14) reveal that the participants who objected to Mrs. Otieno's petition or the participant's objections themselves are paragraph topics in four of the six TP's.

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HEADLINE/LEAD (OP 1) Mrs. Otieno opposed in her bid to become executor I V TP 1 (OP's 2-3) Identities of those who oppose Mrs. Otieno I V TP 2 (OP's 4-5) Specifics of the Objection I V TP 3 (OP 6) TRANSITION Mr. Otieno's date of death I V TP 4 (OP's 7-8) Main reason for countering Mrs. Otieno's petition I V TP 5 (OP's 9-21) Thirteen other reason for objection I V TP 6 (22-24) BACKGROUND/SIDE ISSUE 199 Mrs. Otieno appeals Court of Appeals ruling of Feb 14 Figure 5.2: TAIFA LEO, MARCH 26, 1987 TP 1, which identifies those who filed the objection, begins with watu watano ("five people") coded in initial position. This theme is maintained in OP 2 of TP 1 by means of the construction, wanaompinga, wherein the subject pronoun wa is a perseverent anaphoric reference to watu watano in OP 1. In TP 2, upinzani wao (''their objections") appears OP initially. The!@ of the pronominal construct wao refers perseverently to watu watano, linking TP 2 to TP 1. This TP

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200 discusses the precipitating factor behind the five filing the objection in court, namely Mrs. Otieno filing a brief before the court asking that she be given executorial rights over her husband's estate. Interestingly, TP 2 largely discusses the particulars of Mrs. Otieno's petition, stating that she filed with the High Court on February 19, requesting that she be given sole beneficiary powers should no one object within 30 days. However, because upinzani wao is coded initially, and is linked anaphorically to the previous paragraph topic, and, therefore, would be more highly foregrounded, although the paragraph is not literally about them. After a transitional paragraph consisting of a single clause reporting the date of Mr. Otieno's death, the five participants who objected as well as their objections are reintroduced in TP 4. This is accomplished through the full NP reference, ombi la kupinga Bi Otieno, in a participial phrase preceding the main clause, as well as hao watano, coded in subject/topic position in the main clause (cf. (15)). (15) Katika ombi la kupinga Bi Otieno, hao watano walidai kuwa wanastahili kunufaika na mali ya Bw Otieno kwa sababu wa kwanza, Bi Ougo alikuwa mamake wa kambo wa marehemu na wengine ni wajane na watoto wa kakake wakili ambao Bw Otieno alikuwa akitunza kama jamaa yake binafsi.

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English Gloss: In the petition of objection, the five claim that they deserve to profit from Mr. Otieno's estate because first, Mrs. Ougo was the stepmother of the deceased and the others widows and children of their elder brother the lawyer whom Mr. Oteino cared for as his own family. 201 This TP is the first major expansion of information provided in the lead and in TP 1. Details pertaining to kinship relations between Mr. Otieno and his jamaa ("kinship family") are provided as justification for the five petitioners objecting to Mrs. Otieno being given sole beneficiary rights. Their petition basically hinges upon the argument that they are "blood" kin, i.e. anyuola (cf. Chapter Two). Therefore, they and not Mrs. Otieno claim legitimate locus standi over Mr. Otieno's estate. The following TP (TP 5) lists thirteen additional reasons for the five petitioners to prevail. These are coded in "legalese" and punctuated with quotation marks which indicates the writer directly reported what was transcribed in the ruling. The article's final TP reports that Mrs. Otieno had filed an appeal objecting to the ruling handed down by the Court of Appeals, which further establishes the context through which the objection can be better understood. Ordinarily, information in this position not directly linked with the discourse topic would be seen as entirly backgrounded material. And although it is likely the writer

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202 coded this information as supplementary, there is a certain parallelism with the lead obtained by focusing on Mrs. otieno in the final TP. In other words, the lead highlights Mrs. Otieno as the one whose role as executor of her husband's estate is in question. By discussing Mrs. Otieno's appeal before the Kenyan Court of Appeals in the final TP, Mrs. Otieno's legal rights to select her husband's place of burial are also in question. One gets the impression from the article's macro structure that, by coding Mrs. Otieno parenthetically to the body of the article, the writer is building a contrast whereby Mrs. Otieno's claims are considered secondary to the five anyuola petitioners who claim locus standi on the basis of traditional kinship relations vs. secular law. Mrs. Otieno is the one being "acted upon" by the five litigants discussed at length in the story, and could almost be considered the macro-structural patient. By contrast, the five are, as an aggregate, agents who intentionally file suit to oppose Mrs. Otieno. Applying the principle of empathy which foregrounds agents over patients macro contextually, the five Umira Kager participants elicit a higher degree of empathy than Mrs. Otieno, even though Mrs. Otieno is mentioned initially. Moreover, the lead theme that Mrs. otieno was opposed anticipates not only the identity of those who effected the opposition but also the

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203 reasons why the opposition was filed in the Court of Appeals. The cognitive network of this story's macro-structure can be represented as follows. (16) Names relations in Otieno family Watu watano wapinga--.( Bi Wambui Otieno ) b . ' 7 . f'l\,d 1 Reasons for o 1ect1ons amepingwa i e appea This case not only illustrates the action of the five objectors upon Mrs. Otieno, thereby foregrounding them, but also shows that Mrs. Otieno is the one being acted upon, the macro-structural patient. Since I argue the objectors are more highly foregrounded than Mrs. Otieno, concepts relating to the objectors' kinship relations are also instantiated. This system of relationships comprises the necessary contextual information to facilitate the readers' understanding of why the Luo plaintiffs filed the stated objections before the Court of Appeals. Daily Nation The Daily Nation rendering of the March 26th news event is distinct from Taifa in two important and fundamental ways (cf. APPENDIX D). First, neither the headline nor lead focuses directly upon Mrs. Otieno as the one whose rights are being challenged. In fact, both headline and the first OP of the lead (printed in boldface in the edition) are of a

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204 somewhat general nature, highlighting the objection filed in court creating a new round of legal disputes in the already protracted Otieno case. Consider (17): (17) Headline: Otieno: New Court wrangle over estate Lead: An objection was filed in the High Court on Tuesday against granting Mrs. Wambui Otieno the right to administer her late husband's estate. Mr. Richard Otieno Kwach filed the objection on behalf of five people claiming to be the late S.M. otieno's beneficiaries: stepmother Magdalena Akumu Ougo, Ms. Selina Akelo Odhiambo, Mr. Julius Umira, Mr. Radero Odhiambo, and Ms. Mary Ogandwa. The headline establishes the new event's context by means of the cue word Otieno. New information is then provided, namely that a new dispute has arisen over Mr. Otieno's estate. The lead specifies the particulars of the "wrangle" by indicating that an objection to Mrs. Otieno's role as executor of the estate has been filed. Only in the non-boldfaced OP 2 does the reader learn the identity of those who filed the objection, and then there is a general disclaimer coded by the writer indicating that those who object are "five people claiming to be the late S.M. Otieno's beneficiaries." Moreover, the plaintiffs are simply listed only after their attorney, Mr. Kwach, is identified. Mrs. Otieno is not highlighted in the lead. In fact, the reference to Mrs. Wambui Otieno is coded as the indirect object of an extended prepositional phrase, a backgrounded

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205 construction. Moreover, two locative phrases separate the reference to Mrs. Otieno from the foregrounded NP subject/topic, objection. Therefore, one would not expect Mrs. Otieno to be chosen as a potential paragraph topic. However, Mrs. Otieno and her petition are discussed in TP's 1 and 3. Why? I would contend that the reason Mrs. Otieno is highlighted is pragmatic, owing perhaps to the writer's desire to be objective and present both sides of the issue. Another possibility is that, in the lead, the writer intentionally backgrounds Mrs. Otieno as the one who is being opposed in order to highlight her in subsequent TP's. In other words, casting a "negative" impression upon Mrs. Otieno in the lead would likely influence how the reader views the description of her petition in ensuing TP's. So the writer in effect suspends judgment vis-a-vis Mrs. Otieno, opting instead to highlight the indefinite NP, an objection. A third possibility is that the writer, by foregrounding objection, wishes to highlight the modern Kenyan legal system and link Mrs. Otieno to it. Whatever the reason, this is a significant choice, as will be illustrated below. It will be argued that the writer's choice of describing Mrs. Otieno's side of the conflict first actually serves to emphasize Mrs. Otieno over the claims of the Umira Kager petitioners. The second major difference between Taifa and Daily Nation is that their macro-structures are widely divergent.

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206 Consider the macro-structure from Daily Nation in Figure 5.3 below. TP's 1 and 3 frame a fairly extensive discussion of the Kenyan legal code regarding the statutory rights of executors to inherit their deceased spouses' estates, even if the spouse dies "intestate" (without leaving a will). Moreover, the presence of the "parenthetical" TP's 1 and 3 has the effect of influencing the reader's interpretation of the particular laws which apply in this instance. Specifically, I would argue that the structure of TP's 2-4 support a pro-Mrs. otieno position. (In point of fact, the writer himself (Vincent Mwangi) states openly, "And Section 35 of the Law of Succession states that, in this case, the surviving spouse inherits the property.") The writer's argument runs as follows. Mrs. Otieno petitions the High Court to make her sole executor (TP 1). The definition of an executor, according to Daily Nation is, A person appointed by the testator to dispose of his property after the testator's death. (1) But Mr. Otieno died without leaving a will (OP 1 of TP 2). Section 35 in effect states that the surviving spouse has the appropriate locus standi to inherit the deceased's estate (OP 2-5 of TP 2). Therefore, Mrs. Otieno has asked the High Court to grant her permission to be executor and rightfully inherit his estate.

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LEAD {OP's 1-2) Objection filed against Mrs. otieno on behalf of five appellants V TP 1 (OP 3) MRS. OTIENO'S APPLICATION I V TP 2 (OP's 4-8) DEFINITION OF EXECUTOR (Favorable to Mrs. Otieno) I V TP 3 {OP 9) MRS. OTIENO'S APPLICATION I V TP 4 (OP 10) TRANSITION Date of S.M.'s death, body remains in mortuary I V TP 5 (OP's 11-13) MAIN REASON FOR OBJECTORS' APPLICATION I V TP 6 {OP's 14-22) ADDITIONAL GROUNDS FOR OBJECTING I V TP 7 {OP's 23-26) MRS. OTIENO'S APPEAL Figure 5.3: DAILY NATION, MARCH 26, 1987 207 While it is true that the writer details the arguments of the Umira Kager claimants, he does so by directly quoting their petition. When recounting Mrs. Otieno's case, the writer uses his own words, and as was shown in the parenthetical remark above, inserts the "editorial remark,'' in this case, into the register. This subtlety would not

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208 likely be caught by the reader. However, by focusing upon the legal objection itself, filed in the Court of Appeals, then detailing Mrs. otieno's position vis-a-vis Section 35 of the Law of Succession, the writer highlights these participants as the main story line, and, thus, foregrounded in the reader's frame. Subsequent arguments regarding Umira Kager's locus standi would likely be filtered through this story line network. This can be illustrated in the frame network in (18). (18) ~filed (by) Kwach (against) -~ Wambui's application J Five obJectors reasons Become executor ,1 Definition of Executor/next of kin Section 35: L!w of Succession As illustrated in (16) and (18), in Taifa, Mrs. Otieno's claims were viewed in the light of the five Umira Kager claimants, in Daily Nation the opposite is the case. This scenario lends further credence to the conclusion the Taifa leans more toward Umira Kager•s position, while Daily Nation views Mrs. Otieno more favorably. May 16, 1987 This set of articles represents the final chapter in the protracted Otieno case. Here, both Taifa and Daily

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209 Nation report the outcome of the final appeal lodged by Mrs. Otieno seeking the right to bury her late husband at their farm in Upper Matasia. Although the Court of Appeals ruled in favor of Umira Kager, the coverage of the judgment by Taifa and Daily Nation is significantly divergent, with Taifa highlighting Umira Kager's demand for a new autopsy, and Daily Nation emphasizing the details of the Court of Appeals' ruling. Taifa Weekly Taifa heads its story with the terse headline, Mazishi ya SM ni Nyalgunga ("SM's funeral to be in Nyalgunga"), "capped" by the sidebar, Umira Kager wataka maiti ichunguzwe YJ2Y,g_ ("Umira Kager wants body to be reexamined") (APPENDIX E). These two statements represent the two major "events" of the story, and highlight the information coded in the lead ( (19)). (19) Mahakama ya Rufani jana iliamua kwamba Bw S.M. Otieno atazikwa kijiji cha Nyamila, lokesheni ndogo ya Nyalgunga, wilaya ya Siaya, lakini mara tu uamuzi huo wa kihistoria ilipotolewa, ukoo wa Umira Kager ulitaka maiti ya Otieno ichunguzwe upya. English Gloss: The Court of Appeals yesterday ruled that Mr. S.M. Otieno will be buried in the village of Nyamila, Nyalgunga sub-location, Siaya District, but immediately after this historic judgment was announced, the Umira Kager Clan called for (lit. "wanted") Otieno's body to be rexamined.

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210 In (19) above, two distinct participants/events coded in the headline and sidebar are reported. Coded initially as the subject of the opening main clause, Mahakama ya Rufani is topicalized and, thus, possesses the highest degree of potential continuity. Although the participant, ukoo wa Umira Kager, follows the initial main clause of the OP, which contains new information about what the Mahakama ya Rufani ruled, as well as a temporal phrase, it has the potential of being further discussed as a topic due to the presence of the contrastive element, lakini, phrase initially. In this instance, being in the sentence medial position, lakini does not generate as strong a contrast as if it were placed in paragraph initial postion. However, it does function to place a moderate degree of emphasis on what follows it, signaling the readers that the information which follows is important to the continuance of the story line and may be discussed later in the story. If the writer had coded lakini OP initially, it would have overshadowed the report concerning the judgment by the Court of Appeals to the extent that it would have been rendered a secondary issue with little potential of being discussed later. By coding Mahakama ya Rufani initially, and lakini medially, I would argue that the writer, in this case, establishes two highly (and perhaps equally) instantiated "events": 1. the Court of Appeals' ruling, and 2. Umira Kager's call for a new autopsy, both coded for high potential continuity.

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211 The reader frame instantiated by the headline/lead construct is bifurcated, with EVENT 1 (uamuzi wa Mahakama ya Rutani} and EVENT 2 (uchunguzwa upya} being foregrounded. This is represented in (20} below. ( 2 0} lakini---.( EVENT 2 ) Court o~uling New autopsy ! . Knowledge of court system s. M. Ot1eno I . ataz1kwa l Nyalgunga EVENT 2 is linked to EVENT 1 not only by means of lakini but also through S.M. Otieno, who is not only the object of the Court of Appeals' ruling but also the object of the Umira Kager's demand for reexamination. From the macro-structure of the article, illustrated in Figure 5.4 below, it becomes apparent that EVENT 2 is established as the more significant/pressing issue and is discussed first. I believe this to be the case for three reasons. First, the circumstances surrounding the cause(s} of Mr. Otieno's death are not resolved. In news parlance, Umira Kager's suspicions over the original autopsy findings is a "breaking story" and, as such, is alloted initial discussion status. Second, this is the first time in the protracted case that the Umira Kager Clan has called for a second post-mortem examination, which, like the first point above, is "breaking news." Third, due to the sheer length

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LEAD (OP 1) Event 1: Ruling-->CONTRAST--->Event 2: Second postmortem V TP 1 DISCUSSION OF EVENT 2 (OP's 2-6) ougo and Siranga suspicious (OP's 2-4) First autopsy revealed-->CONTRAST-->Second autopsy heart trouble (OP 5) requested (6) V TP 2 DESCRIPTION OF CONFLICTING PARTIES (OP's 7-8) I Mrs. Otieno claims she-->CONTRAST-->Ougo & Siranga was rightful "next of kin" claim SM must buried re. Luo customs V TP 3 DESCRIPTION OF HISTORY OF CASE (OP's 9-12) Bosire's ruling-->Wambui's appeal-->High Court appeal V TP 4 TRANSITION (OP's 13-14) Reaction of the attorneys I V TP 5 REACTIONS OF UMIRA KAGER (OP's 15-21) I V TP 6 COURT OF APPEALS RULING IN DEPTH (OP's 22-61) Figure 5.4: TAIFA WEEKLY, MAY 16, 1987 212

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213 of the Court of Appeals' decision, discussion in the initial TP's of the story, usually reserved for condensed coverage of foregrounded topics, is not appropriate. Rather, the lengthy discussion of the ruling appears discourse medially. As is readily apparent in Figure 5.4 above, the contrastive element, lakini, plays a major role in opening TP's of this text. Interestingly, the Umira Kager Clan is the focus of contrast in every instance. Consider OP's 5-6 of TP 1: (21) Bw Otieno alifariki Desemba 20 mara alipopelekwa Nairobi Hospital kutoka shamba lake la Upper Matasia, Ngong, wilaya ya Kajiado. Uchunguzi uliofaniwa maiti yake baadaye ulioneysha alifariki kutokana na ugonjwa wa moyo. Lakini Mabw Ougo na Siranga walisema huenda kesi ya uchunguzi kuhusu kilichomuua Bw Otieno ikafanywa baada ya matokeo ya uchunguzi mpya juu ya maiti kufanywa. English Gloss: Mr. Otieno died December 20 when he was taken to Nairobi Hospital from his Upper Matasia farm, Ngong, Kajiado district. The autospsy performed on his body afterward showed he died as a result of heart disease. But Mr. Ougo and Siranga said a coroner's inquest concerning the cause of Mr. Otieno's death may possibly be held after the new autopsy is done. In this instance, Mr. Otieno is coded in OP initial position. The first paragraph in (21) discusses his death, reporting that the original autopsy revealed that he died of heart disease. However, through the use of lakini initially in OP 2, the inital report concerning the cause of Mr.

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214 otieno's death is called into serious question. Mr. Ougo and Siranga and their declaration that a new inquest may be needed to determine the cause of death are highlighted, adding strength/support to the report in TP 2 that "foul play" may have been involved in Mr. Otieno's death. Interestingly, that Mr. Otieno's death may have been as a result of "foul play" was indicated by one of the Kenyan respondents who participated in this study (cf. Chapter Six). It appears that those Luos who participated in the study were suspicious of death by "heart disease" all along. At any rate, positional factors aided by morpho-syntactic structure serve to foreground the Umira Kager Clan's position with regard to a second postmortem, EVENT 2 of the lead. In TP 2, lakini is again used to contrast Umira Kager's claims vs. those of Mrs. otieno vis-a-vis the right to decide where Mr. Otieno will be buried. Consider the following: (22) Bi Otieno alisisitiza kwamba yalikuwa mapenzi ya mumewe kwamba akifa, azikwe katika shamba lake la Upper Matasia, Ngong lakini ukoo wa Umira Kager ukiongozwa na Mabw Ougo na Siranga, walipinga wakisema Bw Otieno alipaswa kuzikwa alikotoka kuambatana na mila za Kiluo kuhusu mazishi. English Gloss: Mrs. Otieno insisted that the wishes of her husband were if he should die, he would be buried at their farm at Upper Matasia, Ngong, but the Umira Kager Clan led by Mr. Ougo and Mr. Siranga, opposed (this) saying Mr. Otieno must be buried where he came from according to Luo funeral customs.

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215 Here, in contrast to (21) above, lakini appears paragraph medially. One would expect, therefore, the focus upon Umira Kager to not be as strong as if lakini were coded paragraph initially. Indeed, in this case, both the Umira Kager Clan, by virtue of the fact that it follows lakini, and Mrs. otieno, because she is coded in TP initial position are equally instantiated. The justification for using a paragraph medial contrastive conjunction may be related to the discoursal intention of the writer. This particular TP functions discoursally as background and transition. In other words, the writer is reminding the readers that the case just finalized was the result of a conflict between Mrs. Otieno and Umira Kager, specifically Mr. Ougo and Mr. Siranga, over burial rights-cum-location. Moreover, the additional information about the conflict anticipates the discussion in the extended TP 3, which describes the history of the court battle between Mrs. Otieno and Umira Kager, can be understood. Therefore, the writer's goal is to afford a balanced view of the conflict so that he can accurately describe the various court actions in TP 3 without prejudicing the readers. Coverage of Event 1, discussed initially in the lead, is suspended until the final TP, consisting of almost 40 OP's. As explained above, this was done in large part because of the complex nature of the ruling itself. The

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216 writer meticulously described every facet of the judgment, which included references to rulings from the High Court and prior appeals in the Court of Appeals. Daily Nation The comparable article from Daily Nation is similar to that of Taifa in that the writer establishes parallel events in the lead (APPENDIX F). Consider the lead as recorded by Daily Nation: (23) S.M. Otieno is to be buried at his ancestral land in Nyalgunga, Siaya District, the Court of Appeals ruled yesterday. But it is not immediately known when the burial will take place as the clan wants a second post mortem examination on the body of the late criminal lawyer. Event 1 focuses on the ruling handed down by the Court of Appeals. Coding S.M. Otieno in initial position (followed by the report he will be buried in Nyalgunga) identifies him as the protagonist over whom the burial row reported in the headline (Judges give final ruling in burial row) was started, and because of whom the Court of Appeals was forced to rule. Event 2 is discussed in OP 2 of the lead. The contrastive conjunction, but, is coded in paragraph initial position followed by a focus construction (that is the normal word order has been rearranged to emphasize the phrase). Here, the emphasis is on the lack of certainty

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217 over when Mr. Otieno's body will be buried. Of secondary importance is the clan's insistence on a second autopsy. The reason why the clan is not as highly foregrounded as the notion of uncertainty is because the clan is coded as subject of a dependent clause, and therefore does not elicit as high a degree of reader empathy. Moreover, since the phrase, when the burial will take place, is coded as a "focus" construction, readers are most likely to empathize with it than with what comes after it. Regarding the story's macro-structure, one immediately notices significant divergences from the Taifa article (cf. Figure 5.5). From the structure above, it appears the writers' (Catherine Gicheru & Paul Muhoho) intention was to highlight the Court of Appeals' ruling. The initial three TP's discuss various facets of the ruling, including a summary of the main features of the decision, a note that Mrs. Otieno's attorney, Mr. Khaminwa, did not attend, and a discussion concerning who should pay legal fees. One gets the impression that the Daily Nation story overtly avoids slanting its coverage toward a single party/perspective of the burial conflict. Rather, the writers appear to view the conflict holistically, that is, as a struggle between two differing points of view stemming from different sociocultural perspectives. What is most important to this story is that the Court of Appeals handed down a lengthy

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LEAD (OP's 1-2) EVENT 1: Ruling------>EVENT 2: Burial date not known Clan wants new postmortem I V TP 1 EVENT 3: RESULTS OF EVENT 1 (OP's 3-4) Court wants legislation---> Mrs. Otieno's reactions to ruling I V TP 2 EXPLANATION OF MAIN POINTS OF RULING (OP's 5-13) I V TP 3 SIDE ISSUE (OP 14) Khaminwa not at ruling I V TP 4 SIDE ISSUE (OP's 15-20) Legal fees I V TP 5 TRANSITION (OP 21) Date of Mr. Otieno's death I V TP 6 HISTORY OF COURT ACTION (OP's 22-42) I V TP 7 UMIRA KAGER REACTIONS Figure 5.5: DAILY NATION, MAY 16, 1987 218 judgment in a difficult and often intense court wrangle. In other words, the "modern" Kenyan judicial system, as it has evolved since independence, is generally adequate to handle even the most intricate case, even those involving

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219 traditional values and law. Unlike the two articles analyzed above, Mrs. Otieno and her claims are not highly foregrounded. However, neither is the Umira Kager Clan, although they indeed won this historic case. One interesting feature of this story bears mentioning at this juncture; a point which at least hints at this chapter's thesis that Daily Nation views Mrs. Otieno in a favorable light. Although Mrs. Otieno did not win the case, her reactions are recorded before Umira Kager•s. In fact, she is not even mentioned until OP 4. Moreover, the writers suspend discussion of Umira Kager's reaction to the ruling until the final TP, and then they only mention that the news was received with "ululation" by several women. This is a stark contrast to the coverage Taifa gave to Umira Kager's reactions, which comprised a six OP thematic unit coded discourse medially. Conclusion From the sample articles chosen and analyzed, it becomes apparent that the goals of Taifa and Daily Nation vis-a-vis the reporting of the Otieno case were quite different. It was shown that Taifa covered this protracted story from the angle of how the case affected the Umira Kager Clan. By contrast, Daily Nation viewed the case from the standpoint of the affect of the case on "modern" Kenyan society in general, and on Mrs. Otieno in particular.

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220 In terms of its significance to linguistic science in general and to discourse analysis in particular, the tripartite model proposed in Part I above is both unique and useful in that: first, it successfully consolidates in a single paradigm the pragmatic context of a news event and the reader's cognitive understanding of that context with the morpho-syntactic coding of a news text; and second, the model enables predictions concerning writer intention and the nature of covert bias in the press coverage of interethnic conflict in Kenya to be made. Notes 1 Both papers ran day-to-day coverage of the testimony provided by witnesses for both the Umira Kager Clan and for Mrs. Otieno.

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CHAPTER SIX ANALYSIS OF RESPONDENT DATA In Chapter Five, a case was made for a number of suppositions regarding the coverage of the Otieno case in Taifa and Daily Nation. It was shown that both newspapers tended to frame their coverage in the context of traditional law vs. civil, secular law with somewhat different slants. Whereas the tendency in Taifa was to support the application of traditional law to burial matters, and therefore to covertly champion the viewpoint of the Umira Kager Clan, Daily Nation appeared to be sympathetic to the Kenyan civil code as well as to the claims of the widow, Wambui Otieno. These conclusions were based solely upon the application of the discourse analysis model discussed in Part I to a series of news texts. However, before this model (and the claims which were derived as a result of the application of the model) can be truly considered a valid heuristic for analyzing both writer intention and reader interpretation, a basic question must be answered, namely, to what extent are the predictions made by the model analogous to the interpretation of a particular news story by a target community of newspaper readers? This question is motivated by the opinion widely held among 221

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222 discourse analysts, especially those with a cognitive bent (cf. Chapter Three above), that a paradigm claiming to accurately represent a reader's knowledge of the pragmatic context of a segment of written discourse as well as the reader's functional knowledge of his/her language should be able to demonstrate that predictions obtained by the paradigm are to a large degree consistent with readers' perceptions of the discourse. Given this criterion for confirming or invalidating the predictions made by model regarding reader interpretation of texts, elicited data from actual newspaper readers must be analyzed and compared with the conclusions obtained in Chapter Five. As a result, a research plan was developed whereby data was gathered from three groups of respondents, two control groups and an experimental group (cf. below), and evaluated. I will argue below that the responses of these groups of participants confirm the validity of the model proposed in Part I and the conclusions reached in Chapter Five. However, it will be shown that the model can neither accurately account for the wide variation of individual background knowledge nor can it predict which

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223 components of that background knowledge a reader will use to interpret a text •. Nature of the study A necessary first step in the procedure to establish the credibility of the model is to determine the categories of respondent information which would be beneficial for analysis. This data must be inclusive, incorporating contextual information with feedback which can be analyzed morpho-syntactically. First, obtaining some background knowledge of the respondents themselves is important. Of special importance is the ethnic membership of experimental group respondents. This data is useful to insure that as wide a variety of Kenyan ethnicities as possible is represented in the study. Moreover, ethnographic data is important in that it provides additional context by which responses can be analyzed. A respondent's ethnic background, including inherent sociocultural values, influences what participants/actions/events he or she is likely to highlight in the retelling of a news story. If, for example, a respondent is a member of the Luo ethnicity, he/she is apt to frame the news story in the light of Luo sociocultural variables. The same can be anticipated for Bantu participants. Ethnic information, therefore, becomes an

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224 essential evaluative link between the reader's contextual frame and his/her encoded response. A second general area to be explored is the assessment of reader attitudes both toward the press in general and toward specific newspapers. Precisely, to what extent do readers believe that the information they glean from a newspaper article is factual? Responses from experimental group members to this query are significant vis-a-vis their opinions of the perceived biases of the various newspapers in Kenya. These data have two primary functions. First, they affirm or deny the choice of Taifa and Daily Nation as the data base for this study (cf. Chapter Five above). If these two papers are perceived as having overt biases, then the conclusions reached in Chapter Five regarding covert bias in the press are suspect. Second, how readers perceive the objectivity of a newspaper (or lack of it) will influence the extent to which they render a particular story valid. If, for example, a reader is of the opinion that Taifa Leo is biased toward Umira Kager, and if that reader supports Mrs. Otieno's side in the conflict, that reader will likely discount the legitimacy of the information reported in a story concerning the Otieno case, even though that story may in fact be favorable to Mrs. Otieno. Therefore, elicited data regarding reader perceptions and/or biases toward the press

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225 are useful when assessing participant responses to a sample of news text. Third, it must be ascertained what, if anything, the respondents know about the Otieno case. In other words, what is the nature of the readers' pragmatic knowledge, i.e. their contextual frame? If a reader possesses no knowledge of the case, what kind of frame will that reader construct in order to interpret a news text from the Otieno corpus? What will he/she instantiate as foregrounded participants and/or themes? Likewise, if respondents possess knowledge of the case, what are the foregrounded participants/themes? To what extent is Mrs. Otieno and/or the Umira Kager Clan foregrounded in the frame? By establishing the readers' frame, it is then possible to assess the readers' view of the essential issues in the case. Does the case revolve solely around the conflict between traditional and secular law? Is interethnic conflict or some other issue its main point? If the readers perceive the case involving interethnic conflict, to what extent is it a factor? Data elicited from these questions not only facilitate a greater understanding of the context from which a particular "Otieno case" news story is interpreted, but this information is also a convenient measure for assessing the suitability of respondents for the study. Since the comparison of contextual frames is a desired strategy in

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226 this analysis, control group members who have prior knowledge of the Otieno case may make objective comparison difficult. In other words, their responses would be biased from the outset. Furthermore, experimental group members who possess no knowledge of the case would also be considered poor subjects because it would be difficult to test the efficacy of the model if the participants' "Otieno case" frame, their knowledge of context, cannot be perceived. Finally, it is important to analyze the participants' recasts of a sample news story. What participants, actions, and/or events do the respondents highlight when they retell the story? To what extent do these highlighted participants/actions/events correspond to those derived through textual analysis? If there is a high degree of correspondence, then it can be argued that the results derived from the application of the model can indeed predict reader interpretation. Conversely, wide divergence may indicate that the model does not account sufficiently for pragmatic-cum-contextual and/or cognitive variables (such as individual background knowledge), and thus is an insufficient heuristic for analyzing reader interpretation of news discourse. Moreover, intergroup divergence (between experimental and control groups or between control groups themselves) may indicate that the model cannot be generalized beyond the pragmatic context in which the

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227 analysis was performed. In other words, this model may be sufficient for Swahili-language discourse, but may only be partially appropriate for English news texts or vice versa. In order to elicit the types of information discussed above, a questionnaire was developed (APPENDIX G). This instrument included both openand closed-ended questions pertaining to three areas: 1) Part I: Swahili Proficiency, including ethnic information on the respondents and the role Swahili played and continues to play in their households; 2) Part II: Attitudes Toward the Press, views toward the press in general and specific newspapers in particular; 3) Part III: The Otieno Case, including respondent perceptions of the degree to which the press coverage of the case was objective, as well as their knowledge of the Otieno case. Responses gathered from the questionnaire along with recasts of news stories comprised the data base for the analysis in this chapter. The questionnaire was distributed to three groups of respondents: an experimental group consisting of four Swahiliand English-speaking Kenyans who possess prior knowledge of the Otieno case; and two control groups, the first consisting of Swahili-speakers from Tanzania who have no prior knowledge of the Otieno case, and the second, English-speakers from Southern and Western Africa who neither possess knowledge of the Otieno case nor of Swahili. This latter group of English speakers were chosen as an

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228 English-language control group for 1) their perspectives as Africans, and 2) for the fact their Ll is English. Regarding the ethnic makeup of the experimental group, questionnaire responses indicate that an equal number of Bantu and Nilotic participants were represented. The group was comprised of one Kikuyu, one Luo, one Embu who considers herself Kikuyu by marriage, and a respondent who identified her birth group as Luhya but indicated that since she is married to a Luo, she considers herself a Luo. Each of the experimental respondents indicated that although they use Swahili infrequently (no more than 10% of their daily conversational time), they possess a "working knowledge" of Swahili. "Working knowledge" was defined by the respondents as the diatype they use when communicating with uneducated domestic workers. When communicating with their peers they invariably use the high diatype, English (cf. Chapter Two). Data were gathered from two control groups in order to obtain as complete a comparison with experimental group responses as possible. Control Group 1 (the Swahili language control group) consisted of two Tanzanian respondents, both members of Bantu ethnicities. In contrast to experimental group members, these Swahili speakers stated that they regularly use Swahili (at least 50% of the time), as it is the "language of the educated," or the high diatype in Tanzania.

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229 Control Group 2 included one Southern African and one Western African, both of whom share English as their Ll. Members of both control groups indicated that they had no familiarity with the Otieno case whatsoever. Experimental Procedures Respondents were interviewed individually. After being informed of the goals of the study as well as the experimental process to be employed, each participant responded to the questionnaire described above. This procedure was conducted by asking the questions orally and tape recording the responses. These data, especially responses concerning such issues as Swahili proficiency, the degree of Swahili usage, and attitudes toward the press, were used to support particular facets of the model discussed in Chapters Two, Three, and Five above. They are also reported below. An interpretation test was then given. An article "set," consisting of the lead story from the January 6th edition of Taifa Leo and its corresponding article from Daily Nation (cf. Chapter Five), was chosen for the procedure. The selection of the January 6th story was made randomly from the data set of six articles presented and analyzed in Chapter Five above. For control group respondents, a copy of the preselected Taifa (for the Swahili group) or Daily Nation

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230 (for English-speaking participants) article was distributed. Experimental group participants read both the Taifa and Daily Nation story. After the control respondents had completed reading the single sample article (either from Taifa or Daily Nation) and the copy was returned to the researcher, they were asked to recount the story in their own words. Experimental participants were given the Taifa article first and asked to recount the story. Then the Daily Nation story was distributed, and they were asked to describe the similarities and differences in the two articles. All recasts were recorded, transcribed and translated (cf. APPENDICES H-0). News story recastings were evaluated vis-a-vis the following variables: 1) contextual cues, i.e the extent to which control group respondents devised a pragmatic context to interpret the story, and the extent to which experimental respondents used their prior knowledge of the Otieno case in their recasts; 2) foregrounded and backgrounded information; and 3) morpho-syntactic structures such as contrastive conjunctions and certain tense morphemes which were deemed meaningful in the model and which were used regularly by the respondents. Results of the analysis were then compared

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with particular aspects of the model as well as the conclusions reached in Chapter Five. Results and Discussion Attitudes Toward the Press 231 Questions pertaining to respondent attitudes toward the press elicited information concerning: 1) the frequency with which respondents read newspapers; 2) the specific newspapers respondents normally read; 3) respondent perceptions of objectivity of these newspapers; and 4) respondent perceptions of the objectivity of the press in general (cf. APPENDIX G). These inquiries were designed to both evoke pragmatic/contextual information, especially the reader's "newspaper" frame and validate the Taifa and Daily Nation data base. Regarding the question, "how often do you read the newspaper in your country?," 7 out of 8 participants responded that they read the newspaper every day. One respondent indicated that she reads the newspaper three or four times per week. These frequency data suggest the likelihood of the respondents possessing a rather sophisticated knowledge of the structure of the press. As experienced readers, they would be apt to recognize and interpret structures unique and meaningful to press discourse, thereby discerning writer intention.

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232 When asked, "which newspapers do you read?," Swahili control group participants stated that they regularly read both Englishand Swahili-language papers, the most popular being Daily News and Uhuru. To the same question, interestingly, every experimental group member explained that they rarely read Swahili-language newspapers, mostly for reasons discussed in Chapter Two, i.e . Swahili is considered the low diatype, or as several respondents stated "the language you would speak to someone working for you." Since, for experimental group members, English is the common communicative code, it is reasonable that they should prefer English-language newspapers over their Swahili counterparts. Daily Nation and the Standard were chosen as the favored newspapers by all of the Kenyan respondents. One respondent further stated that he often reads Kenya Times, the "official mouthpiece" of the government, but only to compare this paper's perspectives with that of Daily Nation and the Standard. Another participant indicated that she reads the Kenyan news magazine, Weekly Review, whenever she wishes to get a chronology and/or a summary of major news events in Kenya. A related close-ended, continuum-type question was presented to the experimental group to assess the objectivity of the specific Kenyan newspapers read by the respondents. An objectivity scale from 1-5 ("1" being the least objective and "5" being the most objective) was used.

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233 Daily Nation received an objectivity rating of 3.88/5.0, while the Standard was rated 2.62/5.0. Daily Nation's relatively high objectivity rating is significant for two reasons. First, it indicates that readers perceive the dispensed information as generally representative of the truth, which correlates nicely with the respondents perceptions regarding the overall objectivity of the press discussed below. Second, the data suggest that while readers perceive Daily Nation as objective, they also discern a modicum of inherent bias, although none of the participants were able to overtly describe the nature of that bias. This suggests that the bias may be perceived as being covert. If the participants had acknowledged Daily Nation to be clearly slanted toward a particular political party, a certain ethnicity, or any other segment of Kenyan society, one would expect a lower objectivity rating. When asked how they perceive the objectivity of Taifa, the Kenyan respondents replied that they consider it objective because it is published by the same press organization and, therefore, close to Daily Nation in content and style. In fact, it garnered the same numerical objectivity rating as Daily Nation. As was illustrated in Chapter Five above, the Standard's objectivity rating can be correlated with the ethnic membership of the respondents. The participants who

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234 listed their ethnic group as "Kikuyu" appraised the Standard as being generally objective (4/5 for one respondent, 3/5 for the other). By contrast, the Standard was evaluated by Luo respondents as being very slanted (2.5/5 and 1/5). One Luo respondent stated that the Standard was very biased toward Mrs. Otieno in its coverage of the burial conflict. A final completion question was posed to elicit the respondents' opinions regarding the objectivity of the press in general. Written as follows, "when I read the newspaper, I expect to find ... ," this question had a variety of choices including "mostly truth," "more truth than opinions," "more opinions than truth," "mostly opinions." Of the six respondents who answered the question, one participant (17%) indicated that he/she expected to find mostly truth, four (66%) believed that the press contains more truth than opinions, and one (17%) stated that the press was comprised of mostly opinions. These statistics indicate that a sizable majority of the respondents believe that when they pick up a newspaper, the information they read is for the most part factual. The importance of this finding further confirms the validity of the participant's responses vis-a-vis the goal of the study. If the press is viewed positively, as the purveyor of truth, then readers are less likely to discount the information included in any particular article. In other words, readers' frame networks are structured in such a way that

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235 they do not immediately prejudge the information presented as being false or misleading. When they are asked to recast the story, they will present an objective, or what they believe to be an objective, rendering of the story. The researcher can then evaluate the recast in terms of elicited contextual and morpho-syntactic information and not have to factor in an additional frame level, i.e. a "bias" frame, which may tend to skew the responses. Moreover, it may be difficult to completely assess the "bias" frame without conducting extensive background research on each participant. In summary, what does these data reveal? It was found: 1) that the respondents are regular newspaper readers, and therefore reliable respondents (in terms of their knowledge of the press) for the study; 2) that they generally believe that the press is objective, eliminating the need for having correlate respondent bias toward the press; and 3) that experimental participants regard Daily Nation and, by extension, Taifa to be objective, authenticating the data base for this study. The Otieno Case A series of questions were asked regarding the respondents' background knowledge of the Otieno case. The first, "Are you familiar with the Otieno case?," was comprised of forced-choice responses ranging on a 4-point

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236 scale from "very familiar" to "never heard of it" (APPENDIX G). This question was posed to the respondents in order to assess the level of their knowledge and thus determine their suitability for the study. With regard to the control groups, any familiarity whatsoever would have eliminated the subject from the study for reasons discussed above. Responses, however, confirm the participants lack of knowledge regarding the case, thereby affirming their suitability for participation in the study. The fact that the respondents fail to mention participants, themes, and/or concepts relating to the Otieno case further corroborates the validity of their responses to this question, and thus, their suitability (cf. below). Regarding experimental group responses, two participants stated that they were "very familiar" with the case, relating that they followed the coverage every day. Further, two respondents indicated that they were "somewhat familiar" with the case. They suggested that, although they were keenly interested in the case, the reason they were only "somewhat familiar" had more to do with the fact that a sizable amount of time has elapsed since the conclusion of the case. One respondent went on to state that she was working in an area where newspapers were only available two or three days a week and there was no television in the region. What she learned about the case resulted from scant newspaper coverage, radio reports, and word of mouth.

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237 To the question, "if you are familiar with the Otieno case, how did you become familiar with it?," a variety of responses were gathered from experimental participants. They indicated that, for the most part, their knowledge was gleaned through a combination of radio, newspaper, and television coverage. If a respondent stated that his/her knowledge (although partial) was obtained through newspapers, two follow-up questions were posed. The first was, "As you recollect, did you consider the newspaper coverage to be fair/unbiased or biased toward one of the parties in the dispute? How and why?." Although each participant indicated that the coverage was generally fair and unbiased, they went on to say that an article's slant depended in large part upon whose testimony was being highlighted on a given day. One respondent stated, "one day it seemed like the paper was for Umira Kager, but the next day it would be for Mrs. Otieno." Another respondent said that the coverage was "mixed" in that "there were occasions where it was biased toward the spokesman of one of the affected parties." Still another participant indicated that the general tenor of the reporting "came from the court." In other words, the coverage "depended upon whether one side won a case or appeal." A second follow-up question was then posed, "If you read about the case in several newspapers, which would you

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238 say were the most fair? The most biased? How and why?" Every respondent indicated that Daily Nation was the most fair and unbiased, with Kenya Times being the most biased. One participant stated that Daily Nation "provided the readers with more details about the case including day to day testimony." "The coverage," this respondent continued, "seemed more reliable and reflected what people felt about the case." Commenting on the bias of Kenya Times, one participant said, "Kenya Times was the most biased because it reflected the government's desire for the (Umira Kager) clan to have the body." As the final stage in the questionnaire process, the respondents were asked to briefly describe what they know about the Otieno case. The responses are recorded in APPENDICES L-0, and discussed seriatim below. The respondent are identified along with their ethnic identity. The intention of the following discussion is to construct the participant's pragmatic knowledge (their contextual frame) of the case. Experimental respondent #1: Embu/Kikuyu Participant #l's response could be viewed as involving four interrelated issues, each introduced by a sudden, mid stream change of topic (cf. APPENDIX L). This respondent began by stating that both Mrs. Otieno and "the relatives" wanted to bury Mr. Otieno. Mrs. Otieno was the first

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239 participant to be mentioned followed by an allusion to the Umira Kager Clan. By means of the conjunction "and," it appeared the respondent wanted to continue with this line of thought. Instead she corrected herself by changing topics, maintaining that the real concern was not who was going to bury him but where he would be buried. Since the "relatives" were the last participants to be mentioned before the topic switch, much of the initial explanation regarding the newly introduced topic was framed vis-a-vis the "relatives. But as is apparent in (1) below, she concludes her explanation from Mrs. Otieno's point-of-view. Consider the following from this respondent's recast. (1) "Actually the question was not really who was going to bury him but where. They didn't want him to be buried around Nairobi because they considered that was not home. So they wanted to bury him traditionally and back home in his ancestral land. That was the tug-of-war, 'cause Mrs. Otieno did not want him to go all that way. She considered her home where they had bought some land around Nairobi. And maybe .... " The phrase "that was the tug-of-war," functions as the summation of this section of her statement. In the respondent's view, at issue here is a conflict between Mrs. Otieno and Mr. Otieno's family over where Mr. Otieno's body should be buried. The final semi-phrase in (1) above, "and maybe ... ," signals another change in topic, wherein the respondent further defines the "tug-of-war" by framing it in terms of

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Mrs. otieno's historical relations with her in-laws. Consider (2) below. (2) "I got the impression that she wasn't getting along with her in-laws, because that's why they didn't give her all that much support when her husband died. And being a ... now she's not a Luo, she's a Kikuyu. So now sometimes it used to look as if it is Luo vs. Kikuyu. 240 It appears the tug-of-war between Mrs. Otieno and "the relatives" began sometime before Mr. Otieno's death due to the fact that immediately after Mr. Otieno died, "the relatives" were not forthcoming with support for Mrs. Otieno. In (2) above, it is apparent that after the respondent provided historical grounds for the tug-of-war, she wanted to identify Mrs. Otieno's ethnic identity and, perhaps, make a relevant point about the tug-of-war. She accomplishes this. However, she changes the focus away from the specific conflict between two families to a larger, more general conflict between ethnicities. The grammatical structure of the final clause in (2), i.e. the use of "used to look as if" in conjunction with "sometimes," establishes a contrary to-fact statement. Here, the respondent is asserting that, although on the surface the tug-of-war may seem to be a conflict between the Luo and Kikuyu, she does not believe it.

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It is interesting, here, to note in (2) that the respondent does not finish the phrase "and being a. Likely she would have said something to the effect, "and 241 II being a Kikuyu, she .... " Rather, the respondent makes a point of stating "she's not a Luo" before identifying her a as a Kikuyu. Transposing this negative statement before the positive one has the affect of emphasizing both the negative and positive statements. By highlighting the fact that Mrs. otieno is a Kikuyu and not a Luo, the respondent is, in effect, emphasizing Mrs. Otieno's viewpoint, which, as will be demonstrated below, is foregrounded in her recast. In summary, this respondent's "Otieno case" frame can be simply interpreted as emphasizing the "tug-of-war" between Mrs. Otieno and her husband relatives over the burial place of Mr. Otieno. Experimental respondent #2: Luhya/Luo This respondent provided a protracted summary of her understanding of the Otieno case (cf. APPENDIX M). She begins by stating that the circumstances around Mr. Otieno's death were mysterious, which, interestingly is precisely what the Umira Kager Clan used as their justification for a second postmortem. The respondent then interjects with, "I'm sorry, it was quite a long time ago. Some of the events have gone out of my mind," indicating she may have

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242 forgotten some of the details surrounding Mr. Otieno's death. Following her opening statement and qualification, the respondent furnishes a somewhat detailed description of events which transpired between Mr. Otieno's death and Mrs. Otieno filing an injunction in the High court, which I would argue comprises the first thematic section of her narrative. The respondent indicates that Mr. Ougo initiated the funeral arrangements by visiting Mrs. Otieno. According to the respondent, Mr. Ougo found Mrs. Otieno uncooperative, so he decided to proceed with funeral arrangements at his home. From the description, it appears as if both sides were making funeral arrangements. Mrs. Otieno's injunction was precipitated by Mr. Ougo's announcement that the funeral would be held in Nairobi with interment in Nyalgunga (the respondent meant to say "Nyalgunga" but actually said "Upper Matasia"). Further, the respondent explains that Mrs. Otieno claimed before the court that Mr. Otieno never "stayed at home" after they were married. Therefore, the burial should be in Upper Matasia. The first thematic segment of the respondent's statement ends with the following evaluative comment: (3) And I would imagine that anyone who knew Otieno would have come out against her decision."

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243 Although this comment suggests that those who would have objected to Mrs. Otieno's suit were those who knew Mr. Otieno, it is likely a reflection of her own response to the case, i.e. Mrs. Otieno had no particular justification in filing suit against Mr. Otieno's family. Following the comment in (3), a new thematic unit begins, which involves expressed concerns about the failure of Mr. Otieno to build a house (dala) in his home area and to execute a will expressing his burial wishes. Consider: (4) "But what disturbed most people was why Otieno never built a house, a good house, at home, because he was not a poor person, and he was not a young boy. That baffled people. Some even asked why he never put a will of any kind. But there were talks from other quarters that he could have probably put this down but the wife maybe destroyed whatever he wanted his wishes to be." I would argue that (4) not only reveals important cultural and contextual information, it, in fact, further discloses the respondent's viewpoint in favor of traditional, and, by extension, Luo perspectives. Concerning the cultural information furnished and foregrounded by the respondent, Mr. Otieno's failure to build "a house, a good house" refers to the traditional, sacrosanct Luo practice of constructing a dala ("house") on the father's property. This custom is expected of young, marriageable aged men, demonstrating the kinship ties to

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244 their communities. Failure to participate in this ritual is tantamount to rejecting one's ethnic community. Of related significance is the respondent's indication that people were "disturbed" and "baffled" by Mr. Otieno's negligence of this duty. The question arises, who is likely to be "disturbed" and "baffled"? Certainly it is reasonable to assume that those who consider the prescribed ritual to be important, i.e. Luos and those who feel an affinity toward the Luo community. While persons who are neutral toward Luos or who even feel antipathy toward them may be curious, they would not likely be "baffled" or "disturbed" because both of these words connote a sense of vexation and aggravation. Therefore, the viewpoint being reflected here is likely a Luo one. A third significant element in this thematic unit revolves around a discussion of the fact that Mr. Otieno died intestate. The respondent began by raising the issue that many people wondered why Mr. Otieno never executed a will, and then raised speculation that perhaps a will had been drawn, but that Mrs. Otieno had destroyed it. As in the discussion of the "house," third party accounts are rendered, further strengthening the viewpoint expressed in this unit as well as augmenting the respondent's initial statement that, Mr. Otieno "passed away under some circumstances people are not clear about." The cumulative effect of this unit, I would suggest, is to cast some doubt

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245 not only about events leading up to the initiation of the case but also about the cause of Mr. Otieno's death and the honesty of Mrs. otieno. Following the statement about Wambui possibly destroying the will, the respondent returns to detailing the case. Here, she discusses the attorney's chosen by each party in the dispute. She indicated that both attorneys were reputable, but most thought that Kwach, the attorney for the Umira Kager Clan, could not possibly prevail. During the discussion, the respondent inserts the following evaluative comment (the larger context of the comment is included, with the comment underlined): (5) "Of course the Otieno family engaged Kwach who had worked for a long time with the Hamilton firm of lawyers, quite reputable also in Nairobi. And the people were doubtful as to whether Kwach, that is the lawyer to the clan, would win. But I can see the leadership in Kenya has a bias to customs. They want the traditions preserved as much as possible. The comment in (5) above is thematically parallel to the observation discussed in (4) above, regarding the importance of traditional values in Kenyan society. Here, the claim is made that the Kenyan government is sensitive to and supports tradition. Although the respondent used the term "bias," I doubt she meant by the term such negative connotations as "discrimination" and "prejudice." Rather, it appears she is seeking to further highlight her viewpoint

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that traditional customs/law is indeed applicable in this case. The narrative ends with the following thematic unit: (6) "So that's how it went on, and the services were held. But his immediate family boycotted to attend the totality of it, the Nairobi services and even home, even the children. The children didn't go to Nyalgunga. But we don't know the background of how they lived, because these are not young people. They were elderly people. It shouldn't have really been that way. So they started to question how they lived as husband and wife and their relationship with the in-laws from the husband's side and Mrs. Otieno's side. There was hardly any statement from Mrs. Otieno's members. And you know that is a Kikuyu family that has very learned people, and there was no statement. She has all along been aggressive, and the family members would not let her do what she set out to do." Three related issues are highlighted in this unit. 246 First, the respondent concludes her description of the events surrounding the case, i.e. none of the immediate family chose to attend the funeral. Second, family relations are addressed, especially the relationship between Mr. and Mrs. Otieno and the in-laws from both families. Finally, Mrs. Otieno herself is discussed in light of the seeming lack of support from her own family. The respondent states that Mrs. Otieno had been "aggressive," and that her family "would not let her do what she set out to do." Further, the respondent disclosed that Mrs. Otieno comes from a highly distinguished Kikuyu family. Her argument makes Mrs. otieno's motives appear suspect, further

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,-----------------------247 supporting her original contention that the whole episode is rather an enigma. To summarize, I would contend that the viewpoint expressed by this respondent's is actually unifocal. Although the respondent frames her narrative vis-a-vis the many circumstances regarding the Otieno episode which are not completely clear (including the circumstances surrounding Mr. Otieno's death, the enactment of a will, the relationship between the Otienos and their in-laws, and Mr. Otieno's failure to participate in an important Luo ritual) it appears that all of these concerns stem from a single foundation, the Otienos' apparent disregard of traditional/ethnic values and customs which the respondent deems salient in Kenyan society. Experimental respondent #3: Kikuyu In his brief account (cf. APPENDIX N), this participant not only outlines the essential events of the case but provides cultural information as substantiation for the myriad of court rulings. The narrative begins by stating that the Otieno episode was a "wrangle" between Mrs. Otieno and Mr. otieno's clan. Moreover, it was a conflict between "Western" and traditional law. The initial statement sets the tone for the entire account.

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(7) "It was a wrangle between the widow of Otieno and his clan, whereby, according to Western law, the widow has the right to bury the body of Otieno." 248 What is highlighted here is the "wrangle" and the fact that Western law empowers widows to take their late husband's bodies and bury them. Later in the narrative, the respondent asserts that Western law applies in this case because Mr. otieno was "western educated" and "married in church." The respondent's point-of-view becomes apparent following his discussion of the impact of Western law on the case. He states: (8) "the family of the deceased usually has the right, if not the sons and the widow, usually they are the ones to decide not the clan to decide. The clan comes in to help. But they do not decide what to do with the body, where it is to be buried. And she did what was right." This unit is framed in terms of Kikuyu customs, with which the respondent is familiar. He indicates that, according to Kikuyu practice, widows and/or the deceased's children have custody over the body and can thus decide where it is to be buried. Kikuyu "law" is similar to "Western" law in this regard, lending credence to the respondent's statement (underlined above) that "she (Mrs. Otieno) did what was right." Interestingly, immediately following the statement affirming that Mrs. Otieno "did what was right," the

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249 respondent frames the "wrangle" differently by stating that "this was a wrangle between two customs, the Luo and the Kikuyu customs." Women have certain essential rights in Kikuyu society which, according to the respondent, are lacking among the Luos. He says that Luo woman "are not heard. They are there to be seen." Therefore, it is the clan, not the widow, who decides where deceased members of the community are interred. The respondent sums up by contending that Luo traditional law became the standard for judgement in the case "against the wishes of many people who felt that it should have been Wambui Otieno who should have been given the body." From his elicited statement, it is apparent that the respondent views the case as a prototype conflict between conflicting ethnic values. Further, the respondent views Kikuyu law essentially as being in harmony with secular law as it currently exists in Kenya. Therefore, Mrs. Otieno's claims that she should be given her husband's body for burial find support in this respondent's statement. Experimental respondent #4: Luo A short introductory thematic section begins the respondent's narrative. In this unit, he describes Mr. Otieno as, on the one hand, a highly respected attorney but, on the other hand, a person who "married outside his Luo

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250 community." The respondent indicates that his marriage to a Kikuyu woman was a "mistake" which somewhat soured his relationship with the Luo community. This brief description and comment establishes the tone of the narrative. Basically, the respondent argues that this whole incident resulted from the Otieno's mixed-marriage. Because Mrs. otieno is a not a Luo and, therefore, unfamiliar with Luo customs, and because Mrs. otieno asserted her rights over her husband's body, the protracted conflict ensued. After this introductory unit, respondent #4 continues in much the same vein as respondent #2, also a Luo, began. The circumstances around Mr. Otieno's death were somewhat surprising in that there had been no reports of him being ill. He indicates that when the news of Mr. Otieno's death reached the Luo community, people naturally assumed he would be buried at his ancestral home in Nyalgunga. He goes on to assert that discussions regarding burial matters are, in fact, moot in the Luo community, because "its a part of our tradition. It's a part of our culture. It's not something that's discussed." When the conflict between Mrs. Otieno and Mr. Ougo developed, the respondent indicated that the Luo community was "surprised," but were later heartened when Mr. Ougo decided to press his claims that Mr. Otieno be buried in Nyalgunga according to Luo traditions. Therefore, this respondent is essentially affirming what is obvious in the

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251 Luo community, that traditions regarding burial are salient to the extent that they are in force for all Luo men regardless of whether they marry outside their ethnic group. It was demonstrated above that the respondents tended to conceive of the Otieno case in terms of a conflict between traditional law/customs vs. secular law and between two sets of traditional values, the Luo vs. the Kikuyu. The one possible exception was the first respondent, who viewed the conflict on a more personal level, as involving two families. In the following section, I will show that the experimental respondents tended to highlighted those participants/themes deemed important through the application of the model. At the same time, they interpreted these participants/themes in terms of the pragmatic/contextual variables disclosed in their narrative statements. News Story Recasts In this section, recasts of the sample news story from Taifa and/or Daily Nation will be analyzed. Experimental group responses will be evaluated first and then compared with control group recasts. Figures showing the comparisons of respondent recasts to proposed cognitive networks (Chapter Five) will be provided. The relationship between interpretive predictions made by the proposed model and the readers' background knowledge (analyzed above) will be demonstrated.

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252 Experimental respondent #1 Judging from her response, participant #1 immediately adduced that the Taifa passage covered the two primary events discussed in Chapter Five above (APPENDIX L). After an initial dependent clause, Tokana na vile nimesoma ("According to what I have read"), which links the recasting process with the reading task she had just completed, Jaji appears as the subject of the main clause with Bi Otieno of the verb alikubali ("he agreed"). This corresponds to "Event 1," Judge Shields' ruling giving Mrs. Otieno permission to bury her husband at Upper Matasia. Following an intervening clause which reviews Mr. Otieno's burial wishes, the respondent coded the clause, lakini wakili wa Umira Kager wakapinga uamuzi wa jaji. Here, "Event 2, 11 the Umira Kager appeal, receives mention. The respondent proceeds on to consider both events in more detail, elucidating the process of Judge Shields' ruling, the clan's objection to the ruling, then Judge Shields' rejection of the clan's injunction. Mrs. Otieno's postponement of the burial was also coded in the respondent's recast. Consider the following: (9) "Lakini ata Bi Otieno alipopanga kumzika labda aliona akimzika bwanawe (bwanake) na kukomboleni uamuzi ule na nyingine labda watamtoa. Kwa hivyo, imepostpone."

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I English Gloss: "But when Mrs. Otieno planned to bury him, perhaps she felt if she buried her husband and then (they) won that judgment and another, they would take him (Mr. Otieno). Therefore, she postponed (the burial). 253 In (9), the respondent presents information coded at the very end of the Taifa article. It was argued in Chapter Five that this component of the story was backgrounded information, a secondary issue in the story. One would not necessarily expect it to be coded in a recast. Why does it appear here? I would suggest that the participant's contextual narrative precipitated its inclusion. As I argued above, this participant's frame foregrounds the conflict between Mrs. Otieno and her in-laws, with Mrs. Otieno's perspective being highlighted. This segment of the news story, emphasizing the postponement of Mrs. Otieno's burial plans so as not to further inflame the conflict, is in some sense a representation of the respondent's frame. In other words, it contains all the elements of frame as they are foregrounded. The event as coded in the article, 1) foregrounds Mrs. Otieno in initial position in two of the TP's four OP's, and 2) presents both Mrs. Otieno's plans and the Umira Kager's objections to those plans (i.e. the tug of-war). Inclusion into the recast, given the reader's pragmatic frame, is, therefore, unexpected and could not be predicted by the model. This suggests that the reader's

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254 STORY LINE Mahakama Kuu('--+Jaji Shields /ira Kager il}amua ..-,/zogo ilikat\ (Ougo/Siranga) rufani Bi Virginia Wambui Otieno alikubali}a kumzika S.M. Otieno-wakili NETWORK DERIVED THROUGH TEXT ANALYSIS INTERPRETATION FRAME (Jaji) aliona vizuri l STORY LINE FRAME J(i---+lakini----lWakili !wa Umira ali!ubali wakafinga Kager Bi otieno amzike bwanawe uamuzi wa jaji 1------~/----(Burial) imepostpo~n_e ___ \ _________ --i REASON FRAME f REASON FRAME REASON FRAME SM's last wishes turned away No one can say where he will be buried PROPOSED NETWORK OF RESPONDENT #1 Figure 6.1: RECAST NETWORK OF EXPERIMENTAL RESPONDENT #1

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255 background information played a significant role in her interpretation of the text. This is demonstrated in Figure 6.1 above. In each figure the top diagram represents the story line in the Taifa text. The bottom figure represents the proposed network of frames in the respondent's recast. Experimental respondent #2 Of all the recasts elicited, this respondent most clearly emphasized contextual variables over those coded in the news text (APPENDIX M). It could be argued, in fact, that the recast was simply an in-depth recast of the contextual statement rendered just prior to the recast. In the main, the respondent executed her recast in much the same manner as her "Otieno case" narrative (cf. above). She began with the statement, Ikifo ya Bw S.M. Otieno ikifo ajabu ("The death of Mr. S.M. Otieno was surprising"), which corresponds to the initial clause of her narrative, "he passed away under some circumstances people are not clear about as to whether he was ill or had a bad meal." A bit later, she discusses Mr. Otieno's relationship with his family, especially the fact he never built a house on his father's property. Even further, she made mention not only of the fact the body remained in the mortuary for a long period of time but also that the family did not attend the burial in Nyalgunga.

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256 The question arises, did the respondent include anything pertaining to the news story? In point of fact, there are two references to the news story, which, although not very revealing, coincide with the respondent's contextual frame. Consider the following passage from the recast. (10) "Wazazi wake walitaka Otieno azikwe nyumbani lakini bibi yake akakataa. Bibi yake alitaka bwana yake azikwe kwa mjini pale inaitwa Upper Matasia." English Gloss: "His family wanted his wife refused. buried in her town Otieno to be buried at home but His wife wanted her husband there, Upper Matasia." Here, the respondent outlines the specific issues involved in the conflict, reflecting the following passage in Taifa wherein the two sides of the conflict are presented. (11) Zogo la sasa la kisheria kuhusu atakapozikwa wakili huyo lilianza baina ya Bi Otieno na ukoo wa Umira Kager. . 11 English Gloss: The modern legal tug-of-war lawyer will be buried began and the Umira Kager Clan .. concerning where this between Mrs. Otieno II In the recast, (10) above, Mr. Otieno's family is mentioned initially, and although Mrs. Otieno is coded after a contrastive conjunction, it does not receive any special prosodic emphasis, and so would function much like a

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257 sentence medial element in which the contrast would not be considered strong. One notes, as well, that the respondent does not code a contrastive conjunction before discussing Mrs. Otieno's claims. What obtains from this construction is a weak contrast wherein Mrs. Otieno is not foregrounded. Rather, by reason of its placement in initial position, wazazi wake, is highlighted, corresponding to the general pragmatic tenor of the recast, emphasizing the Luo claims over Mrs. Otieno's. I would suggest two possible reasons for the lack of textual information in the recast. First, by her own admission, the respondent indicated that since she does not use Swahili regularly, her knowledge of the language is limited. Given the fact that press Swahili tends to be difficult, it is possible she did not understand much of what she read, and recast the story in terms of the narrative she just finished reciting. A second, more reasonable possibility, at least one supported by the literature (cf. Guindon & Kintsch, 1984; Haberlandt, Berian & Sandson, 1980; Haviland & Clark, 1974; Kieras, 1980; Kintsch & van Dijk, 1978; Kintsch & Yarbrough, 1982; Lesgold, Roth & Curtis, 1979; Lorch, Lorch & Matthews, 1985; Meyer, Brandt & Bluth, 1980; van Dijk, 1979; Vipond, 1980), is that the respondent employed a "top-down" interpretive strategy. It is possible that the nature of the respondent's frame network, which emphasized the salience of

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258 STORY LINE Mahakama Kuu4-f Jaji l Shields ~mira Kager(Ougo/Siranga) / 1 Jt . iliamua .{, ~zogo i ika a rufani Bi Virginia Wambui J, otieno alikubalira kumzika S.M. Otieno-wakili NETWORK DERIVED THROUGH TEXT ANALYSIS BACKGROUND FRAME Family wante?M to be buried at home---but--->Wife ,~efused Source of conflic~'1-------..a..---• REASON FRAME REASON FRAME SM failed to build house (dala) SM should be buried ------.-iiiiiiiiiiii-----~in Upper Matasia ~--------Luo burial customs . , STORY LINE FRAME Wakaenda kortini Wakaamua yeye t atazikwa Upper I Matasia* pale alizaliwa INTERPRETATION FRAME Mrs. Otieno still trying to bury SM in Upper Matasia OUTCOME FRAME Neither Mrs. Otieno nor her family attended burial Figure 6.2: RECAST NETWORK OF EXPERIMENTAL RESPONDENT #2

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259 traditional values vis-a-vis the entire Otieno episode, and which she just finished describing, overrode the portion of the episode in covered in this particular story from Taifa. In other words, the fact that Mrs. Otieno won the first round of the legal battle was not as significant to this reader as the final verdict, namely Umira Kager securing the right to bury Mr. Otieno in Nyalgunga. The relationship between the textual story line and this respondent's interpretation is illustrated in Figure 6.2 above. Experimental respondent #3 This respondent's recast not only clearly assimilates pragmatic/contextual information drawn from his frame, but also follows the story line of the news text fairly closely (APPENDIX N). The opening clause of this respondent's recast summarizes the main point of the article. (12) "Hapo ilikuwa ni wakati wa uamuzi wa kesi ya marehemu Otieno ambako jaji ambaye anaitwa Shields, alitoa uamuzi wake kwamba Bi wa marehemu Otieno •.. Bi wa Otieno alikuwa na haki ya kumzika marehemu Otieno" English Gloss: "This is the occasion of a judgment in the case of the late Otieno when the judge, who is named Shields, gave the ruling that the wife of the late Otieno ... the wife of otieno had the right to bury the late Otieno." In (12) above, the respondent suggests that the article focuses on Judge Shields' ruling, which correlates with "Event 1 11 discussed above in Chapter Five. The thematic

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260 unit which follows his opening definitional statement addresses the reasons for the judge's decisions, and is framed in terms of his "Otieno case" description analyzed above. Consider the following from the respondent's recast. (13) "Alifanya hivo kwa sababu Bi wa Otieno alikuwa na kwa kisheria ati alikuwa na haki ya kupewa mwili wa marehemu Otieno kwa sababu angerithi vitu vyote vya otieno kisheria. Lakini ni sheria ambao Kenya ilitunga kutoka kwa tulioipata, kutoka kwa iliyoturithi ... kutoka kwa kiingereza. Kisheria Wambui Otieno ndiye alikuwa na haki ya kumzika Otieno." English Gloss: "He (Judge Shields) did this because the wife of Otieno had the legal (right), she had the right to be given the body of the late Otieno because she can inherit all of Otieno's things (Otieno's estate) legally. But it is a law which Kenya constructed from that which we received, from that which has been inherited, from English. Legally, Mrs. Wambui Otieno truly had the right to bury Otieno." According to the respondent, Mrs. Otieno has the locus standi of "next of kin," thus, the prerogative to bury Mr. Otieno's body. She possesses this right by means of the current Kenyan system of laws. Even though he admits this system was inherited from a foreign legal code, the respondent nevertheless gives primacy to the current secular law vs. traditional law. The respondent continues his recast by describing the Umira Kager's position vis-a-vis Judge Shields' ruling. The placement of this discussion at this point follows the structure coded in the lead of the Taifa story. In fact,

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261 the respondent introduces this thematic unit by means of the contrastive element, lakini, which precisely corresponds to the morpho-syntax of the lead. (14) "Lakini Kwach ambaye alikuwa anawakilisha jamii ya Otieno aliona kwa uhakika wao ndiyo walikuwa na haki ya kumzika Otieno." English Gloss: "But Kwach, who represented Otieno's family, genuinely felt they truly had the right to bury Otieno." The structure of the remainder of the recast following the description of Kwach's claim is interesting. From all appearances, it is a series of contrasts, followed by a summary. These contrasts, each preceded by lakini, has the effect of supporting Mrs. Otieno's position over that of Umira Kager. Consider the following. (15) "Lakini jaji alisema ya kwamba uamuzi ulivyotolewa na korti ya chini ya Kenya ndiyo yalithibitisha na kasema utakuwako na Otieno kwa hivyo atapewa Wambui. Wambui alipea Otieno. Lakini hao ... now Kwach alikuwa anataka apewe ilani ya kupeleka kesi hiyo katika Korti la Juu la Kenya. Na vile ilionekana ya ni kwamba alipeleka. Lakini uamuzi haukomtolewa wakati hadithi hii ilikuwa na andikwa. English Gloss: "But the judge said that the judgment which was rendered by the lower court of Kenya established and said what would happen to Otieno. Therefore, he was given to Wambui. But they ... now Kwach wanted to be given a notice appealing this case to the High Court of Kenya. And thus it seemed that he appealed (sent). But the judgment had not yet been handed down when this story was written.

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262 STORY LINE Mahakama Kuu~Jaji Shields Umira Kager (Ougo/Siranga) /zt::::' ilika\a rufani Bi Virginij, Wambui Otieno alikubaliwa kumzika . l .. S.M. Ot1eno---\wak1l1 NETWORK DERIVED THROUGH TEXT ANALYSIS REASON FRAME Wife had legal right under Common Law (from the British) to bury SM. , . ~aji ambaye anaitwa alit!a umamuzi J kumzika Otieno ~aji alisema kwamba ! IYalithibitisha STORY LINE FRAME Shieldsr>lakini~Kwach aliona walikuwa na haki lakini 1 kumzika Otieno uamuzi->lakini->Kwach l anttaka apewe ilani lakini Uamuzi (ilani) andikwa haukomtolewa wakati hadithi ilikuwa na ! Wambui wakangojea burial plans Figure 6.3: RECAST NETWORK OF EXPERIMENTAL RESPONDENT #3

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263 After having stated Kwach/Umira Kager's position, the respondent returns briefly to a discussion of Judge Shields' ruling, upholding the lower ruling giving Wambui the right to bury SM. Umira Kager•s appeal is described followed by the report that, as of this publication of this news story, the decision had not been handed down. This final scenario functions as a lead in to the respondent's final point that Mrs. Otieno's had decided to wait to bury her husband. In sum, this respondent's recast to some extent parallels the structure of the Taifa article. In other words, the respondent appears to have perceived the necessary morpho-syntactic cues to enable him to indicate that the story was about Judge Shields' ruling and Umira Kager's appeal. However, whereas Taifa focused on Umira Kager's appeal, this respondent's recast foregrounds the appropriateness of Judge Shields' decision vis-~-vis the claims of Mrs. Otieno, reflecting his frame. Again, the model proposed in this study could not predict the focus of this respondent upon Mrs. Otieno due to the fact that it cannot accurately and precisely assess what an individual newspaper reader knows (cf. Figure 6.3 above). Experimental respondent #4 Like respondent #3, this respondent closely reflects the structure of the Taifa article (APPENDIX 0). However, unlike respondent #3's recast, the claims of Umira Kager are

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foregrounded vs. Judge Shields' ruling, and by extension, the claims of Mrs. Otieno. A short thematic unit introduces the recast. It is comprised of background information regarding the primary motivation for the court case. (15) "Kitu ambayo nilisoma hapo na kwamba wakati Bw Otieno aliaga dunia, Bibi yake Wambui alikuwa na taka Bwanake katika shamba la Upper Matasia karibu na Nairobi. Lakini nduguye Bw Otieno alisema kwamba hatakubali ndugu yake azikwe Upper Matasia. Alikuwa na taka ndugu yake azikwe nyumbani kwao Nyalgunga. Na hii ili ... Bi Wambui hakukubali na hii maneno ya Bw Ougo. Kwa hivyo, alipeleka maneno kwa korti. 11 English Gloss: "That which I read here is that when Mr. Otieno passed away, his wife Wambui wanted to bury her husband at their farm in Upper Matasia near Nairobi. But Mr. Otieno's brother said that he would not agree to his brother being buried at Upper Matasia. He wanted his brother to be buried at home in Nyalgunga. And this ... Wambui would not agree to these assertions of Bw. Ougo. Therefore she sent her objections to court." 264 Here, Mrs. Otieno's claims precede those of Mr. Ougo. But through the use of lakini, here used after a pause in the oral narrative stream, Mr. Ougo's desire to have Mr. Otieno buried at Nyalgunga is highlighted. The ensuing thematic unit duplicates much the same pattern as the first thematic segment. In this case, Judge Shields' ruling is reviewed followed by the clan's reaction to the ruling, notably those of Mr. Kwach. The ruling is

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then re-reviewed, again, followed again by reactions from the Umira Kager's attorneys. 265 This descriptive colloquy is interesting for two reasons. First, the two instances wherein Mr. Kwach's claims are reported succeed Judge Shields' ruling. In the first case, the prepositional phrase, alipofanya hivo ("after he did this"), introduces the account of Umira Kager's appeal. In the second case, the respondent uses lakini after a pause, which functions in much the same way as if the contrastive element were sentenceor paragraph initial. Given this latter instance, combined with a similar occurrence of lakini in the first thematic unit and one in the final unit (cf. below), it can be safely assumed that the respondent intended to draw a sharp contrast between Judge Shields' ruling on the one hand, and Umira Kager's dissatisfaction and subsequent appeal, on the other. Taking into consideration the respondent's instantiated frame (cf. above), wherein Umira Kager's interests are foregrounded, it can be further assumed that the contrast developed in his recast is intended to highlight Umira Kager. Finally, the respondent codes a closing thematic unit, which in effect, summarizes the bases for Judge Shields' arguments and reports Umira Kager's reactions. As in the previous thematic units, this is accomplished through the lakini, after which Umira Kager is foregrounded.

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266 STORY LINE Mahakama Kru.,_.Jaji Shields __;,1ra Kager (Ougo/Siranga) . . . . ! . il[amua ~zogo 1l1kata rufani Bi Virginif Wambui otieno alikubaliwa kumzika S.M. Oti!no-wakili NETWORK DERIVED THROUGH TEXT ANALYSIS BACKGROUND FRAME Wife wanted to bury SM-lakini~Brother wanted to bury SM at Upper Matasia at Nyalgunga STORYiLINE FRAME Jaji alisikiliza kesi hii Akampa Bi Otieno ruhusa kuz!ka bwana yake katika shamba lao Wakili wa Bw Ougo alileleka maombi kwa Korti Mkuu ~aji hatakubali wakili-ltkini )wakili wa Bw Ougo hatakubali maombi l walipeleka maombi LATER EVENT FRAME Jaji Mkuu alitupa mbali ile judgment ya Bw Shields REASON FRAME Shield's judgment based-lakini---,)The High Court on another case prohibited Wambui from burying SM Figure 6.4: RECAST NETWORK OF EXPERIMENTAL RESPONDENT #4

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267 Summary It was demonstrated above that experimental respondent recasts of an article from the January 6th edition of Taifa Leo exhibited an interrelationship between pragmatic and textual features. With the possible exception of respondent #2, each respondent followed the story line of the article with some precision. Moreover, events coded in the news story were interpreted vis-a-vis participants, concepts, and events foregrounded in their cognitive frames (manifest in their descriptions of the story). However, what was unexpected was the extent to which the respondents utilized their background knowledge to interpret the story. Each of the respondents consistently recast the story from their own perspectives regardless of what participants/themes/events were foregrounded and backgrounded. This factor confirms Tannen's (1979) theory that there is a level of "frames" which are interactive in individuals. Because these frames comprise networks particular to each individual, it would be very difficult for a general model of discourse analysis to account for these individual differences. Comparisons The goal of this section is to report the results of two varieties of comparative data . First, respondents were asked to compare the Taifa story with the corresponding

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268 Daily Nation article. The respondents did not detect any great thematic differences, i.e. they all indicated that the two articles were about the same thing. The only comments given pertained to the nature of the languages themselves. Two respondents indicated that the English version seemed to be more detailed. These data are significant in that the respondents did not pick up subtleties in language which tend to slant what would appear to be an objective news story. They concentrated, instead, on matters concerning the level of detail in the stories. It could be that because they view Taifa and Daily Nation as similar, and since the articles deal with the same news event, they were not attuned to thematic subtleties. Another possibility is that after having carefully read Taifa and recast it in a language they were unaccustomed to using, they skimmed Daily Nation, focusing only upon macro-contextual features. A third possibility remains. Subtle biases in the press are difficult to detect and often ignored in favor of individual cognitive biases. In other words, a reader's cognitive network is an influential interpretive mechanism, through which discourse is filtered, and from which readers understand events in the world (cf. Chapter Three). Second, how favorably do experimental group responses compare with those of the control groups? Are there any significant similarities? I would suggest that, in fact,

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I 269 control group members interpreted the data samples in much the same way as experimental group respondents. First, although control group members had no prior knowledge of the Otieno episode, thus not "Otieno case" frame, they constructed a frame to interpret the story. Consider the following Swahili participant #1: (16) "Inazungumzia matatizo ya mila na desturi za kiasili za Afrika dhidi ya maendeleo ladba ya sasa yalioletwa na ukoloni katika Afrika. Kwa hivyo, naona kwamba na mgongano." English Gloss: "It (the story) discusses the problems of traditional African culture and customs vs. today's progress which was brought to Africa by colonialism. Therefore I feel, there is a conflict." This respondent views the article in terms of the conflict between two cultures, traditional African customs and secular, "modern" culture. Events in the story are thereby recounted in terms of this conflict. For example, the respondent states: (17) "Kuna mke wa Otieno ana hitaji ya mzike mumewe kulingana na mila za kisasa, kulingana desturi za kisasa. Lakini ndugu wa marehemu Otieno anataka marehemu akazikwe kwa mila za kwao za Kiluo." English Gloss: "The wife of Otieno has the need to bury her husband according to today's customs, according to today's culture. But the brother of the late Otieno wants the deceased to be buried according to their Luo customs."

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270 It is immediately apparent that the news event reported by the respondent is framed in terms of the conflict between cultural perspectives. Later in the recast, the respondent further interprets the events of the case vis-a-vis gender. (18) "Hapo mimi nikidokeza kwa maneno yangu inachoelewa ndani wa hii hadithi situ ule mgongano wa kikabili na hali ya sasa. Lakini vile vile kuna ile hali ya kuona kwamba huyu ni mwanamke anayedai haki hizi na wale wanaokata rufani na wanaume." English Gloss: "Now I would suggest in my own words as it is explained in this story, it is not only a conflict between tribalism and modernity. Rather, at the same time, there is the situation that the one who claims these rights is a woman and the ones who appeal are men." The respondent goes on to indicate that, in many African cultures, women do not have the right to assert control over her late husband's body. That right is reserved for the clan. He sums up by stating, kwa hiyo, hapa kuna hali hiyo vile vile kwamba kuna mgongano wa kutaka kubadilisha msimamo kama huu ("Therefore, here, there is this circumstance (the conflict itself) and at the same time there is the conflict of wanting to change the standing (the position of women) like this." Swahili control respondent #2, likewise, devised a frame network to interpret the text. Whereas control respondent #1 above elucidated his contextual frame early in story, respondent #2 describes it at the end.

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(19) "Kwa sababu naamini kwamba watu wanapooa na kuwa beba, wale wamekuwa mwili mmoja na ... mmoja na haki zaidi ya kwa mwingine kwa karibu au aidha family ... familia au ndugu hawana kuwa ..• hawana haki kama mwanamke au kama bwana. Kwa hiyo, ninafikiri uwanzo hakimu ulikuwa na sawa." English Gloss: "Because I believe that when people marry and bear children, they become one (become one body) and one with more rights than others, more than another close relation or the family for that matter ... a family or a brother do not have •.. do not have rights like husbands or wives. Therefore, I think the decision of the judge was correct." 271 In this case, the respondent states that Judge Shields' decision was correct because of the status of husband and wife as "one body." Wives, therefore, possess the right to bury their late husbands. As was the case for the Swahili control respondents, their English-speaking counterparts devised interpretive pragmatic contexts/frames. English respondent #1 fashioned a rather detailed framed wherein he understood the new story to be about "tribal customs" in conflict with "the legalities of the nation." Consider: (20) "Oh that is very simple! This is the kind of tribal customs against the legalities of the nation of Kenya. Because I feel, in Ashante, for instance, we follow our customs." Likewise, English respondent #2 frames the story in terms of the conflict between Mrs. Otieno and Mr. Otieno's

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272 family which sets the scene for the remainder of the narrative, which describes the court ruling in some depth. (21) "What we have is a case of a family in which a young woman, well the age is not stated, suddenly finds herself in conflict with members of her deceased husband's family." In addition to the control respondents constructing appropriate pragmatic/contextual frames and elucidating the foregrounded concepts in the frame, they recalled the major events of the story. Again, as was true of the experimental respondents, it appears that the order in which the events were recalled depended a great deal upon their correspondence with foregrounded elements in the reader's frame, i.e. background knowledge. In (17) above, Swahili participant #1 recalled that the case concerned Mrs. Otieno who wanted to bury SM kulingana na desturi za kisasa, "according to modern culture," and Mr. Otieno's family who was concerned that he be buried according to Luo customs. Notice how, in (17), this respondent structures this depiction. He codes Mrs. otieno first, and following lakini, discusses Mr. Ougo's contentions, thereby conforming to the structure of the Taifa article. In other words, the participants highlighted in the article, namely Mr. Otieno's family (Umira Kager), are foregrounded in the recast also. Why? Two reasons seem likely. First, the respondent appears ambivalent toward

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273 Mrs. Otieno's claims. on the one hand he does not openly criticize her nor does he overly deemphasize her in backgrounded construction. On the other hand, he seems to suggest, through the use of reported speech, that in African societies women cannot press their claims over male family members. Second, the nature of the conflict itself and not the individual parties are highlighted. By contrast, Swahili respondent #2, who is clearly in favor of Mrs. Otieno's position, reverses the order in which he recalls the story. (22) "Na familia ya Otieno yalikuwa yalimpenda yamzike mtoto wao kwa mila za kiluo. Na walimpenda wamzike nyumbani kwa kijijini. Lakini Bi Otieno alitaka amzike mapenzi kwenya shamba lao. 11 English Gloss: "And the family of Otieno wanted to bury their "son" according to Luo customs. And they wanted to bury him at home in the village. But Mrs. otieno wanted to bury him at their farm." The respondent admits, soon after this statement, that Judge Shields' decision was the right one. Therefore, he foregrounded Mrs. Otieno by coding her as the focus of contrast. English control participant #l's recast is interesting in that it resembles the first Swahili control respondent's narrative, only it follows to a certain degree the structure of the Daily Nation article. This respondent's frame highlights the conflict between traditional law and "the

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274 legalities of the nation." However, it appears that he favors tradition because he himself admits that, in cases like these in his community, tradition is followed. Moreover, his recast appears quite neutral to both parties. Consider: (23) "The whole story is that this is a dead person, and, ok, the wife is claiming the body of the deceased according to the law which is the government of the day which is not the tradition. Ok, and the family members, that is the brothers and sisters of the deceased are also claiming the body according to the custom. Ok, and now it has ended up in court. And what has ... the outcome is that the court is going according to the legal system of the nation of Kenya (notice here, the respondent did not say, "the court ruled in favor of the widow")." English control respondent #2 basically follows the structure of the article seriatim. His interest, it appears, is to describe the story as closely as possible. Describing Judge Shield's ruling and Umira Kager's response, he copies the structure of the story's lead, characterizing the court's judgment favoring "the young woman" (Mrs. Otieno), and then reports Mr. Ougo's appeal using the contrastive conjunction, "but." He, then, proceeds to give many of the particulars of the story, indicating that the "Chief Justice" (Shields) "invoked an earlier ruling" giving Mrs. Otieno power to bury her husband in Upper Matasia, and

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275 that the judge considered the arguments by the clan that Mr. Otieno was Nilotic to be moot. Summary In conclusion, responses from control group participants, both Swahili and English speakers, compare favorably with the responses of the experimental group in that they utilized background information to interpret the texts, although they were able to discern and, to some extent, follow the main story line in their recasts. What then can we conclude about the predictive value of the discourse analysis model proposed in this study? This chapter has shown that contextual features are extremely important in the analysis of textual discourse. Moreover, it shows that readers do perceive structural cues, information which is foregrounded by both position and morpho-syntax, which enables them to interpret a text. However, participant recasts demonstrate that the model cannot accurately predict neither the extent to which background information is used in interpretation nor which information will be used. This study was intended as a seed project. As an ongoing research project, I would make the following suggestions for the future. First, further tests need to be performed to determine the interrelationship between foregrounded constituents in the text and background

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276 information. One possible test for the future would be to counterbalance information obtained by experimental group respondents. In other words, ask half the respondents to recast the Swahili text and the other half to recast the English text and compare the recasts. Another suggestion might be to choose a newspaper story which is more "emotionally neutral." A comparison could then be made of the two corpuses to determine the extent to which the nature of the story itself influenced the recasts. Second, more respondent data needs to be gathered. This study was limited by the unavailability of Kenyan respondents due to the politically sensitive nature of the subject being investigated.

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CHAPTER SEVEN CONCLUSION From the analysis in Chapter Five, it was shown that the model proposed in Part I is a valid paradigm for assessing writer intention as well as subtle bias in the Kenyan newspapers analyzed. Applying the model to news texts from Taifa and Daily Nation, predictions concerning the foregrounding/backgrounding of participants were made with some accuracy. Chapter Six was instructive in illustrating the inherent problems of predicting how readers will interpret press discourse. Although speakers of the languages in which the texts were printed utilized, albeit subconsciously, an integrated cognitive-cum-linguistic process wherein both pragmatic/contextual and morpho syntactic variables were filtered through their individual cognitive networks, enabling them to understand the passage and recall certain foregrounded events from the text, they invariably recast the text from their own points of view regardless of the "grounding" of the participants in the text. This points up the problems inherent in categorizing background information particular to each individual. However, despite these shortcomings, the model introduced in Part I and analyzed in Part II is 277

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278 significantly useful for multicultural and multilingual nation such as Kenya. Like most countries in Africa and, for that matter, elsewhere (as can be increasingly witnessed in the United States), Kenya is multicultural and multilinguistic. In every domain and aspect of life, communication operates within a plurality of world views and values. Swahili, as one of the national languages of Kenya, serves as a primary conduit for the transmission of world view. Swahili itself can also be characterized a cross cultural language by virtue of its stature as a major lingua franca in East Africa. In a multiethnic society, in which there is a there is also a national language, which by virtue of the circumstances is used cross-culturally, a model of this nature can be useful in defining and clarifying linguistic factors which create harmony or aggravate conflict. The significance of a study like this goes far beyond its application for East Africa. Many countries, including the United States, are multicultural and multilingual. English is a perfect parallel in its worldwide usage for crosscultural and crosslinguistic communication. There are many other such parallel languages, French, Russian, Chinese, and Portuguese to name a few. Therefore, I believe that the establishment of a model of crosscultural discourse analysis will be a significant contribution to the fields of

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279 linguistics and intercultural communication as it is tested in other regions with other languages.

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APPENDIX A TAIFA LEO, JANUARY 6, 1987 Wambui akubaliwa kumzika S.M. Otieno Mahakama Kuu jana iliamua kwamba Bi Virginia Wambui Otieno ana haki na wajibu wa kumzika marehemu mumewe, Bw S.M. Otieno, aliyekuwa Desemba 20, mwaka jana. Akitangaza uamuzi wake wa pili katika ubishi wa kisheria wa wiki nzima kuhusu mahali atakapozikwa Bw Otieno, Jaji Frank Shields kadhalika alikatilia mabali ombi la kupinga uamuzi wa kwanza uliompa haki Wambui akamzike mumewe. Ombi hilo liliwasilishwa mahakamani na kakake marehemu Bw Joash Ochieng Ougo na Bw Omolo Siranga. Ombi hilo lilitaka mahakama imzuie Bi Otieno kumzika mumewe katika Upper Matasia, Ngong. Lakini wakili wa Bw Ougo na Bw Siranga, Bw Richard otieno Kwach mara moja alitoa ilani ya kukata rufani katika Mahakama ya Rufani ya Kenya, na akampa nakili ya ilani hiyo wakili wa Bi Otieno, Bw John Khaminwa. Akitupilia mbali ombi hilo na kuagiza Bi Otieno alipwe gharama za kesi, Jaji Shields aliambia mahakama iliyjaa kwamba Mabw Ougo na Siranga hawakuwa na msimamo wo wote au sababu ya kisheria ya kutekeleza mapenzi ya marehemu Bw Otieno. Zogo la sasa la kisheria kuhusu atakapozikwa wakili huyo lilianza baina ya Bi otieno na ukoo wa Umira Kager mara Bw otieno alipoaga dunia katika hospitali ya Nairobi Desemba 20. Ukoo wa Umira Kager unaongozwa na Bw Siranga. Bi Otieno alisema mumewe alieleza mapenzi ya kuzikwa katika shamba lao la Upper Matasia karibu na Ngong. Lakini ukoo wa Umira Kager ulitaka Bw Otieno akazikwe nyumbani kwao lokesheni ndogo ya Nyalgunga, Wilaya ya Siaya, kuambatana na mila za Kiluo. Mara Jaji Shields alipotangaza uamuzi waka wa robo saa hivi, Bw Kwach alitaka usitekelezwa ili apeleke ilani ya kukata rufani. Ombi lake lilikataliwa. Akichunguza kesi, Jaji Shields alimtaja marehemu Bw Otieno kuwa: "Mtu wa mjini na hata ingawa aliheshimu mila za kijamii, ni shida kuelewa jinsi mtu kama huyo angekuwa chini ya Sheria za Mila za kiafrika na hasa za jamii sehemu za mashambani." 280

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281 Aliamua kwamba Bi Otieno "alitoa sababu thabiti zaidi" katika kesi hiyo dhidi ya Mabw Ougo na Siranga. Akitaja rufani ya kesi ya kiraia namba 12 ya 1979 kati ya James Apoli na Enoka Clari dhidi ya Bi Prisca Buluku, Jaji Shields alisema Bi Otieno alikuwa na haki ya kuchukua maiti ya Bw Otieno na kuizika. Jaji Shields alikumbusha kwamba Bw Kwach aliwasilisha sababu kwmaba Waluo na wa jamii ya Nilotic na si Wabantu kama Waluhya au Wanyore "lakini alikosa kuonyesha jinsi tofauti hii ilihusiana na sababu zilizotolewa katika mahakama ya rufani katika kesi hiyo ya Apoli/Bi Buluku." Jaji alisema hakukuwa nacho chote katika kifungu cha 3(2) cha Sheria ya Mahakama, kilichoeleza kwamba mwakilishi wa mtu binafsi alikuwa na wajibu wa kumzika Mluo au mtu wa kabila lo lote kuambatana na mila na kikabila au alikotoka. Kadhalika, mwakilishi kama huyo hana wajibu wa kufuata sherehe za kidini za aina yo yote. "Na hata kama wajibu kama huo utagunduliwa katika sheria zetu, sioni ni kwa njia gani Mabw Ougo na Siranga wanaweza kuutekeleza "wajibu huo," jaji akasema. Jaji Shields alisema hata kama ingethibitishwa kwamba marehemu (Otieno) alitaka kuzikwa kuambatana na mila za Kiluo (na ushahidi wa Mabw Ougo na Siranga haukuwa na ngugu kuhusu jambo hili kama wa Bi Otieno), Mabw hawa hawana haki yo yote ya kisheria kutekeleza mapenzi hayo ya marehemu wakili. Jaji kadhalika alitaja kifungu cha 146(2) cha Sheria ya Afya ya Jamii kinchompa Waziri wa Afya kibali mwakilishi wa haki kulingana na sheria au jamaa yake ya karibu mradi ti iwe na haki ya kisheria kutekeleza mapenzi ya marehemu. "Hivyo, naonelea kwamba Bi Otieno amethibitisha kikamilifu anaweza kufanikiwa kupata kibali kama hicho .. . ," jaji akasema. Hivyo, Jaji Shields alitangaza kwamba hangeondolea mbali wala kubatilisha amri iliyotolewa Desemba 30, mwaka jana. Aliagiza Bi Otieno alipwe gharama za kesi hiyo. Ilani ya rufani iliyopewa Bw Khaminwa na Bw Kwach ilisema kwa sehemu: "Pokea ilani kwamba Mabw Ougo na Siranga, kwa sababu hawakuridhika na uamuzi wa Jaji Shields uliotolewa Januari 5, wananuia kukata rufani katika Mahakamani ya Rufani dhidi ya uamuzi huo." Jumanne ya wiki jana, Jaji Shields alimpa Bi Otieno idhini akachukue maiti ya mumewe kutoka City Mortuary akaizike katika shamba la Upper Matasia. Bi otieno alinuia kumzika mumewe Jumamosi ya wiki jana. Lakini mara alipopewa idhini hiyo, Mabw Ougo na Siranga walikata rufani wakitaka mahakama ifutilie mbali amri ya awali na kumzuia Bi Otieno kuchukua maiti ya Bw Otieno kutoka chumba cha wafu. Ombi lao lilisikizwa Ijumaa ya wiki jana na uamuzi kutolewa jana. Ingawaje, Bi Otieno angesonga mbele Jumamosi

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ya wiki jana kumzika mumewe, kwa sababu amri iliyotolewa Jumanne ya wiki jana haikubatilishwa. 282 Lakini baada ya kushauriana jana, ingawaje, Bi Otieno aliamua kuarihisha mazishi hadi Jumamosi hii, Januari 10. Hata ingawa Bw ougo na ukoo wa Umira Kager wameeleza nia ya kukata rufani kupinga uamuzi wa jana, Bi Otieno amesema atasonga mbele na mipango ya kumzika mumewe Jumamosi hii.

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APPENDIX B DAILY NATION, JANUARY 6, 1987 SM: Brother loses case, then appeals Otieno was cosmopolitan, asserts Shields Battle continues in court this morning The High Court yesterday empowered Mrs. Virginia Wambui otieno to bury her husband, Mr. S.M. Otieno, a prominent Nairobi advocate. But an appeal was immediately filed and will be heard at 11 this morning by three Court of Appeal judges, Mr. Justice J.O. Nyarangi, Mr. Justice H.G. Platt, and Mr. Justice J.M. Gachuhi. Making his second ruling after a week-long legal battle over where the body of the late criminal lawyer should be buried, Mr. Justice Frank Shields rejected an application for a counter-injunction filed on Thursday by Mr. Otieno's brother, Mr. Joash Ochieng Ougo, and Mr. Omolo Siranga. The application sought to restrain Mrs. Otieno from burying her husband at Upper Matasia, Ngong, just south of Nairobi. But Mr. Richard Kwach, representing Mr. Ochieng and Mr. Siranga, filed a notice of appeal in the Court of Appeal in the morning and by 5 p.m. yesterday, the petition of appeal had been filed in the court's registry. The notice and petition of appeal were served on Mrs. Otieno's lawyer, Mr. John Khaminwa. Dismissing the Thursday application and awarding the costs of the suit to Mrs. Otieno, the judge told a packed court that Mr. Ochieng and Mr. Siranga had no locus standi (legal standing or basis) for enforcing the wishes of the late Mr. Otieno. The tug-of-war developed between Mrs. Otieno and members of Siaya's Umira Kager clan, led by Mr. Ochieng and Mr. Siranga, its chairman, as soon as Mr. otieno died at the Nairobi Hospital on December 20. Mrs. Otieno said her husband had expressed his wish to be buried on their Upper Matasia farm, while the clan wanted Mr. Otieno's body to be buried, according to Luo traditions, at his ancestral Nyalgunga Sub-location home, Central Alego, Siaya District. 283

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284 Immediately after Mr. Justice Shields delivered his 17minute judgment, Mr. Kwach sought a stay pending his filing of a notice of intended appeal in the Court of Appeals' registry. A stay was rejected. Instead, he filed the notice and served it on Mr. Khaminwa. Reviewing the case, Mr. Justice Shields said of Mr. Otieno: "He was a metropolitan and a cosmopolitan, and though he undoubtedly honoured the traditions of his ancestors, it is hard to envisage such a person as subject to African customary law and in particular to the customs of a rural community." He ruled that Mrs. Otieno had established "a highly persuasive prima facie case" against the defendants. Quoting a precedent -civil appeal No/12 of 1979 (james Apoli and enoka Clari versus Prisca Buluku) -Mr. Justice Shields said Mrs. Otieno was entitled to the custody and disposal of Mr. Otieno's body until it is buried. Mr. Justice Shields recalled that Mr. Kwach had sought to distinguish the precedent on the basis that the Luo were a Nilotic people and not a Bantu one. They were not Luhya nor Nyore, "but he failed significantly to show how this difference affected the reasoning of the Court of Appeals in the said case (Apoli versus Buluku). The judge said there was nothing in the section 3(2) of the Judicature Act which imposed a duty on a personal representative to bury a Luo or a member of any other tribe in accordance with tribal custom or in the tribal homeland. Similarly, such a representative was not bound to follow religious ceremonies of any particular religion. "Even if such a duty could be discovered in our laws, I do not see what legal rights or locus standi the defendants (Mr. Ochieng and Mr. Siranga) have to enforce it," Mr. Justice Shields said. "Even if it could be established that the deceased (Mr. Otieno) wished to be buried in accordance with Luo funeral customs -and with evidence adduced by the defendants is neither as strong nor as compelling as that of the plaintiff (Mrs. Otieno) ~the defendants have no locus standi to enforce these wishes. The judge quoted section 146(2) of the Public Health Act which authorizes the Minister responsible to grant a permit to the legal personal representative or next of kin of a deceased person only so long as they had the legal basis to enforce the wishes of the deceased. "I accordingly am of the view that the plaintiff (Mrs. Otieno) has established a probability of success in obtaining the relief sought, which relief is the only appropriate relief (damages not being an appropriate remedy). "I accordingly refuse to discharge, vary or set aside the order of injunction made on December 30, 1986 (last

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285 Tuesday). I further refuse the defendants' injunction sought in page 3 of their chamber summons and I award the plaintiff her costs of the application," he concluded. Mr. Kwach's notice of intended appeal, served on Mr. Khaminwa said in part: "Take notice that Joash Ochieng Ougo and Omolo Siranga, being dissatisfied with the decision of Mr. Justice Shields given on January 5, intend to appeal to the Court of Appeals against the said decision." On Tuesday last week, Mr. Justice Shields granted Mrs. Otieno an ex parte injunction to collect the body of her husband from the city Mortuary for burial at Ngong. Mrs. Otieno had intended to bury her husband last Saturday but immediately after she was granted the High Court injunction, Mr. Ochieng and Mr. Siranga filed a counter-injunction asking the court to nullify its earlier order and restrain Mrs. Otieno from collecting her husband's body from the mortuary. The hearing of the counter-injunction took place on Friday and the ruling was made yesterday. Mrs. otieno was, however, at liberty to bury her husband on Saturday because the earlier court order had not been nullified. However, after consultations with family members, she decided to postpone the funeral service and burial to next Saturday, January 10. Although Mr. Ochieng and the Umira Kager clan have filed a notice of appeal, Mrs. Otieno said she would go ahead with funeral and burial arrangements for Saturday. Later talking to the Press at her Lang'ata home, Mrs. Otieno said that if she was defeated in her fight to bury her husband it would be difficult for Kenyan women to inter marry if at the death of their husbands they were deprived of the body. Her late husband, she said, believed in the rule of law and it was therefore very bitter that his relatives would want to accuse her of stealing her late husband's body, Catherine Gicheru adds. "This is one of the reasons why I postponed the funeral ceremony last weekend. I did not want them to say I had stolen my husband's body. I wanted them to have got justice and for justice to be seen to be done by waiting until the ruling was given," she said. Mrs. Otieno said her husband had told her she would have a problem with his family over his burial as early as a year ago. She added that her husband had told her she might have to wait almost three months before she buried him because he understood and anticipated the problems his family might cause. Mrs. Otieno added that she did not know Mr. Siranga or his interest in the matter. She claimed neither Mr. Siranga nor Mr. Ochieng had visited her late husband when he was sick and house-bound for almost a year.

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286 "Why is it that he had become so important now when he is dead when they did not even come to see him when he was sick?" she asked. On her relations with the clan, Mrs. Otieno said that as far as her late husband was concerned, he had never involved his clan in the marriage ceremony. No dowry was paid and no negotions were held involving the clan. It was, therefore, she sadi, surprising for the clan to claim her now when her husband was dead. Mrs. Otieno also expressed surprise at what she called "pretense" among the clan members of concern for her late husband. "It is also unfortunate to think that Mr. Siranga might be using this matter to promote himself in football," she added. The widow said she will continue her fight to bury her husband at Upper Matasia next Saturday unless she gets a stay of execution order from the court.

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APPENDIX C TAIFA LEO, MARCH 26, 1987 Mali ya Otieno: Wambui apingwa Bi Virginia Wambui Otieno amepingwa katika ombi lake kwa Mahakama Kuu la kutaka apewe kibali cha kibali kusimamia mali za marehemu mumewe, Bw S.M. Otieno. Watu watano, wanaodai wanastahili kunufaika pia na mali ya marehemu, wamepeleka lalamiko lao mbele ya Mahakama Kuu, kupitia wakili wa ukoo wa Umira Kager, Bw Richard Otieno Kwach. Wanaopinga Bi Otieno ni mamake wa kambo Bw Otieno, Bi Magdalena Akumu Ougo, Bi Selina Akelo Odhiambo, Bw Julius Umira, Bw Radero Odhiambo na Bi Mary Ogandwa. Upinzani wao ulitokana na ombi la Bi Otieno akitaka apewe hati za kumruhusu asimamie mali za marehemu mumewe akiwa peke yake. Ombi hilo lilipelekwa Mahakama Kuu na Bi otieno Februari 19. Lilichapishwa katika gazeti rasmi la Serikali Februari 27. Kulingana na ombi hilo, mahakama ingetoa hati hizo kwa majane ikiwa hakuna mtu ambaye angempinga katika muda wa siku 30. Bw Otieno alifariki Desemba 20 mwaka jana. Katika ombi la kupinga Bi Otieno, hao watano walidai kuwa wanastahili kunufaika na mali ya Bw Otieno kwa sababu wa kwanza, Bi Ougo alikuwa mamake wa kambo wa marehemu na wengine ni wajane na watoto wa kakake wakili ambao Bw otieno alikuwa akitunza kama jamaa yake binafsi. Ombi hilo lao lilisema walikuwa wakitunzwa na Bw otieno kabla hajafariki na kwamba "kulingana na Sheria ya Urithi, wana haki ya kunufaika na mali pamoja au kwa usawa na wote wametimiza umri unaotakiwa." Na wametoa sababu 13 za kupinga Bi otieno katika ombi la kukata asimamie mali za mumewe. Sababu hizo ni: •Watu wanaohusika, wakiwemo wanaopinga, hawajampa Bi Otieno kibali atafute hati za kusimamia mali peke yake bila kuwashirikisha waliomtegemea marehemu pamoja na wapinzani. *Vibali vya watu wote wanaostahili kurithi mali za marehemu aidha kwa usawa au kupendelewa kuliko Wambui havijatafuta wala kupelekwa mahakamani. 287

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288 *Kila mtu mwenye haki sawa au aliyekuwa na haki ya kimbele kupewa hati au kuwakilishwa, wakiwemo wapinzani (wa Wambui), hawajakubaliana juu ya ombi liliopelekwa mahakamani na Wambui na pia, hawajatangaza hawatadai haki yao (kuhusu mali hizo). *Bila kupewe hati za kusimamia mali za marehemu, Wambui amekuwa akisimamia mali za marehemu kinyume cha mapenzi ya wapinzani na hajawapa habari jinsi anavyosimamia mali na wana hofu mali hizo zinapotea. *Hakuna aliyepewa ilani ya ombi, na hata wapinzani, ambao wanadai haki sawa au wanataka wapendelewe zaidi kuliko Wambui. *Wapinzani wana haki kulingana na sheria, kupata sehemu moja ya mali na hivyo basi, wanapaswa kuteuliwa washiriki katika usimamizi wa mali za Bw Otieno. Wapinzani hawajakubaliana na ombi la Bi Otieno na wala hakujakuwa na ombi la kutupilia mbali vibali vyao. *Orodha iliyotolewa na Bi Wambui katika taarifa yake ya Februari 13, 1987, inahusu watu ambao si jamaa ya Bw S.M. Otieno na wote hawana haki ya kudai sehemu yo yote ya mali ya Otieno. *Idadi ya mali za marehemu iliyotolewa na Bi Wambui si ya kweli au si sawa kwa sababu haijaeleza mali zote za Bw Otieno na hasa pesa katika banki. Sababu hii ya Wambui kutotangaza mali zote za marehemu inawafanya wapinzani wawe na wasiwasi kwamba maslahi yao hayatalindwa. *Kwamba ombi la Bi Wambui limekosa kuipa Mahakama Kuu majina kamili, anwani na hali ya kindoa ya watu wote waliokuwa jamaa ya marehemu na ambao wake hai kama inavyotakiwa na kanuni ya 7 ya Sheria ya Usimamizi wa Mali. *Hakuna ombi halali mbele ya mahakama hii kwa kuwa matakwa yote ya Sheria ya Urithi hayajatekelezwa kama inavyotakiwa. *Hakuna taarifa ya ushuru iliyotolewa na hivyo, faida inazidi kuongezeka kuhusu mali zinazopaswa kulipiwa ushuru ambao ukilipwa kutoka mali ya marehemu, utazidi kupunguza mali hizo thamani. *Wambui ameongeza kiasi cha Shl0,000 za gharama ya mazishi kaitka ombi huku akijua hakuna gharama kama hiyo aliyoingia kwa sababbu maiti ya Bw Otieno ingali katika City Mortuary kuambatana na amri ya mahakama kungojea uamuzi wa mwisho wa Mahakama ya Rufani kuhusu atakapozikwa marehemu. Bi Oteino amekata rufani mbele ya Mahakama ya Rufani akipinga uamuzi wa Mahakama Kuu mwezi mmoja uliopita kwamba maiti ya mumewe ikazikwe katika lokesheni ndogo ya Nyalgunga , Wilaya ya Siaya. Tarehe ya kusikizwa kwa rufani hiyo haijatangazwa na Jaji Mkuu C.H.E. Miller, kwa kuwa Jumatano ya wiki jana, Bi Otieno alipeleka barua Mahakama Kuu akipinga rufani hiyo kusikizwa na Majaji watatu wa Mahakama ya Rufani. Majaji waliokataliwa na Bi Otieno ni J.O. Nyarangi, H.G. Platt na J.M. Gachuhi.

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APPENDIX D DAILY NATION, MARCH 26, 1987 Otieno: New court wrangle over estate An objection was filed in the High Court on Tuesday against granting Mrs. wambui Otieno the right to administer har late husband's estate. Mr. Richard Oteino Kwach filed the objection on behalf of five people claiming to be the late S.M. Otieno's beneficiaries: stepmother Magdalina Akumu Ougo, Ms. Selina Akelo, Mr. Julius Umira, Mr. Radero Odhiambo, and Ms. Mary Ogandwa. On February 19, Mrs. Otieno applied to the High Court for a grant of letters of administration making her the sole executor of the estate. The application was gazetted on February 27. An exector is a person appointed by the testator to dispose of his property after the testator's death. But the Nairobi criminal lawyer died intestate -that is, without leaving a will. And Section 35 of the Law of Succession states that, in this case, the surviving sopuse inherits the property. Thus if Mrs. Otieno becomes the sole executor of the estate she is automatically becomes the heir. Section 35 states: " .• where an intestate has left one surviving spouse shall be entitiled to: *"The personal and household effects of the deceased absolutely." *"A life interest in the whole residue of the net intestate estate." The proviso is that, "if the surviving spouse is a widow, that interest shall determine (that is, for say, cease to be effective) upon remarriage to any person." The section goes on: "A surviving sopuse shall, during the continuation of the life interest ... have a power of appointment of all or any part of the capitial of the net intestate estate among the surviving child or children, but that power shall not be exercised by will nor in any such manner as to take effect at any future date." 289

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290 Mrs. Otieno's application said the court should issue the letters of administration unless anybody shows the contrary in 30 days. Mr. Otieno died at the Nairobi Hospital last December 20 and his body has remained in the mortuary since than due to a legal battle over where it should be buried. In the objection application, the five say their interest in the SM's estate are those of beneficiaries -as stepmother, children and widowswhom SM had taken "into his family as his own." The applicants say they were being maintained by Mr. otieno immediately prior to his death. "By virtue of the provisions of the Law of Succession Act," it adds, "they are entitled to beneficial interest in the estate jointly in equal shares and are all of full age." They have listed thirteen grounds of objection as follows: *"All persons interested including the objectors, have not given their consent to Mrs. Otieno obtaining letters of administration alone and to the exclusion of objectors and other dependents. *"The consent of all persons entitled to inherit, in either the same degree or in priority to the applicant (Wambui), has not been obtained or filed in court. *"Every person having an equal or prior right to a grant or representation, which includes the objectors, has not consented to the petition filed by Wambui, nor have they renounced such right or otherwise dispensed with such consents. *"Wambui has, without any letters of administration being granted in this cause or otherwise, been administering the estate against the objectors' wishes de son tort, and has provided no account of stewardship and the objectors' fear that the estate is wasting. *"No motive of the application has been given to every other person entitled either in the same degree or in priority to the applicant among whom are the objectors. *"The objectors are entitled in law, jointly, to a substantial part of the estate. It is, therefore, equitable that they should be appointed co-administrators. *"The objectors have not given their consent to the petition nor has there been any application to dispense with their consent or any citation issued. *"The list of names of beneficiaries given by wambui in her affidavit of February 13, 1987, includes a number of persons not related to Mr. Otieno and all who have no right to claim any share of the estate of SM. *"The inventory of assets given by Wambui is not true or correct. It does not contain assets of SM Otieno, and in particular, cash in the bank.

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291 *"Wambui's failure to give a full and accurate disclosure of all the assets of the deceased rules out her bona fides and makes the objectors apprehensive that their interests will not be protected. *"That the application by Wambui has failed to give the court the full names, addresses and marital status of all the persons related to the deceased and who have survived him as required by Rule 7 of the Probate and Administration Rules. *"There is no valid petition before this honourable court. There has been no real compliance with the requirements of the Law of Succession Act and Probate and Administration Rules. *"No estate duty affidavit has been filed. Therefore, interest is running on the dutiable amount which if paid by the estate will waste it further. *"Wambui has included a sum of Shl0,000 in respect of funeral expenses when she knows or ought to know no such expenses could have been incurred in view of the fact that the body of Mr. Otieno is still lying at the City Mortuary under a court order awaiting the final decision by the Court of Appeals as to his place of burial." Mrs. Otieno has filed an appeal in the Court of Appeal against a High Court ruling about a month ago that the body of her late husband be buried at his Nyalgunga home, Siaya district. The hearing date is yet to be fixed by the Chjief Justice, Mr. Justice C.H.E. Miller. Last Wednesday, Mr. Justice Miller disclosed that Mrs. otieno had written to him objecting to three Court of Appeal judges hearing her appeal because they had handled the issue on previous occasions. The three judges are Mr. Justice J.O. Nyarangi, Mr. Justice H.G. Platt and Mr. Justice J.M. Gachuhi.

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APPENDIX E TAIFA WEEKLY, MAY 16, 1987 Mazishi ya SM ni Nyalgunga Mahakama ya Rufani jana iliamua kwamba Bw S.M. Otieno atazikwa kijiji cha Nyamila, lokesheni ndogo ya Nyalgunga, wilaya ya Siaya, lakini mara tu uamuzi huo wa kihistoria ulipotolewa, ukoo wa Umira Kager ulitaka maiti ya Otieno ichunguzwe upya Nduguye marehemu, ambaye alipewa maiti ataizike Siaya, Bw Joash Ochieng' Ougo pamoja na msemaji wa ukoo, Bw Omolo Siranga, walisema walishuku jinsi Bw Otieno alivyokufa. Walisema mara walipotoka Mahakama Kuu kwamba hawakuwakilisha wakati maiti ya Bw Otieno ilipopasuliwa na kuchunguzwa kilichosababisha cho chake. Sasa, wakaeleza wameshauriana na wataalamu watatu wa kupasua maiti ambao watakagua upya maiti ya Bw Otieno wakiandamana na daktari wa serikali. Bw Otieno alifarika Desemba 20 mara alipopelekwa Nairobi Hospital kutoka shamba lake la Upper Matasia, Ngong, wilaya ya Kajiado. Uchunguzi uliofanyiwa maiti yake baadaye ulionyesha alifariki kutokana na ugonjwa wa moyo. Lakini Mabw Ougo na Siranga walisema huenda kesi ya uchunguzi kuhusu kilichomuua Bw Otieno ikafanywa baada ya matokeo ya uchunguzi mpya juu ya maiti kufanywa. "Tunashuku njama fulani kwa sababu niliacha kijibarua katika City Mortuary kwamba maiti isipasuliwa bila mimi kuweko," Bw ougo alisema. Kifo cha marehemu Otieno kilizusha zogo ndefu la kisheria baina ya Mabw Ougo, Siranga kwa upande mmoja na majane, Bi Virginia Wambui Otieno kuhusu mahali alipostahili kuzikwa na nani angemzika. Bi Otieno alisisitiza kwamba yalikuwa mapenzi ya mumewe kwamba akifa, azikwe katika shamba lake la Upper Matasia, Ngong, lakini ukoo wa Umira Kager ukiongozwa na Mabw Ougo na Siranga, walipinga wakisema Bw Otieno alipaswa kuzikwa alikotoka kuambatana na mila za Kiluo kuhusu mazishi. Kesi ilienda mbele ya Mahakama Kuu na baada ya mashahidi 24 kuitwa na pande zote mbili kila upande ukitaka kuthibitisha madai yake, Jaji S.E.O. Bosire aliamua kuwa Bw Otieno alipaswa kuzikwa kijiji cha Nyamila, wilaya ya Siaya. 292

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293 Jaji Bosire aliagiza Bw Ougo na Bi Otieno wachukue maiti ya Bw Otieno kutoka mortuary na kwenda kuizika Nyalgunga aidha wakiwa wawili au mmoja wao. Bi otieno alipinga na kupeleka rufani mbele ya Mahakama ya Rufani akiandamanisha na sababu 21 za kupinga uamuzi wa Jaji Bosire. Rufani hiyo ilipelekwa mbele ya Majaji J.O. Nyarangi, H.G. Platt na J.M. Gachuhi waliosikiza kwa siku 10. Jaji Nyarangi alitilia kikomo cho hilo lililochukua miezi minne unusu kwa kusoma uamuzi wa Mahakama ya Rufani uliandikwa na kurasa 26. Alichukua saa nzima kuusoma akianzia muda mfupi baada ya saa nne za asubuhi. Mahakama ilijaa waandishi, Bi Otieno na watoto wake wote pamoja na ukoo wa marehemu na waafisa wa usalama. Wakili wa Bi Otieno, Bw John Khaminwa hakuweko wakati uamuzi uliposomwa. Kulingana na habari, alienda New York wiki jana lakini alikuwa amewakilishwa. Ingawaje, wakili wa Umira Kager, Bw Richard Otieno Kwach alikuweko. Baada ya Jaji Nyarangi kumaliza kusoma uamuzi wa mahakama, alisema Bi Otieno, akifuatwa na watoto na kina mama wengine watangulie kutoka. Mabw Ougo na Siranga walitoka baadaye na kwenda hadi nyumbani mwa Bw Ougo katika Ojijo Road, Parklands, ambapo walijadiliana kwa muda mfupi kabla ya kuondoka tena na kuelekea City Mortuary kujionea maiti. Katika mortuary, dada wawili wa marehemu walianza kulia kwa sauti za juu. Mmoja wao Bi Idalia Adongo, alilia: "Kitu gani kilifanyika kwa ndugu yangu." Helen Akinyi alimfuata nyuma akilia machozi. Ingawaje, Bw Ougo alionekana mtulivu alipotazama maiti ya nduguye mkubwa ambayo ilikuwa imetayarishwa kimbele. Kabla ya jamaa ya Bw Otieno kukubaliwa na polisi kuingia ndani polisi waliondoka na kuwapa nafasi lakini walishika zamu nje ya mortuary. Naibu wa katibu wa mji, Bw Musyoka-Annan alikuweko kuhakikisha kila jambo lilienda sawa. Baadaye, Bw Musyoka Annan alienda Mahakama Kuu kuthibitisha ni nani aliyeagizwa apewa maiti ya marehemu asije akampa mwingine. Nyumbani mwa Bw Ougo, Bw Siranga alieleza shauku kama ni mwanawe Otieno, Bw Tirus Waiyaki, aliyempeleka babake hospitalini siku aliyofariki. Kulingana naye, "tulithibitisha alipelekwa na wanaye, Mabw Odhiambo Modi na Umira Odhiambo waliokuwa naye katika shamba la Upper Matasia baada ya kula chakula cha mchana nyumbani mwake Langata. Katika uamuzi wao, majaji walisema Bi Otieno alitegemea "Common Law" kudai haki ya kumzika mumewe lakini kwa sababu hajapewa hati za kumruhusu asimamie mali za mumewe, sheria hiyo haiwezi kumsaidia. "Hivyo, ataweza tu kutegemea Sheria ya Mila, "wakasema kuhusu sheria iliyotegemewa na ukoo wa Kager kudai haki ya zumzika marehemu."

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294 Bi Otieno, katika ushahidi wake, alisema sheria ya kimila inachukiza na ni kinyume cha haki na sheria. Mumewe, akasema, hakusimamiwa na sheria za kimila kwa sababu alikuwa mkazi wa mjini na alikata uhusiano wa kimila na alikotoka sehemu za mashambani Siaya. Majaji walisema baada ya kuchunguza ushahidi pamoja na ubishi uliotolewa na mawakili, walionelea hakukuwa na lo lote la kuchukiza wala kinyume cha haki au sheria, kuhusu sheria ya mila za Kiluo. Walisema malalamiko ya Bi Otieno hayakutilia maanani SHeria ya Kimila ya Waluo wala kesi yake kutoa mujibu kwa madai wa washtakiwa. "Kadiri mambo yalivyo sasa," majaji wakasema, "mahakama inajishughulisha tuna ushahidi ulioko kuhusu sheria ya kimila uliotolewa na washtakiwa (katika rufani)," Mahakama ikasema. Walisema walikubaliana na uamuzi wa Jaji Bosire na wakatupilia mbali ya rufani ya Bi Otieno. "Inaangizwa kwamba maiti ya Bw Otieno ipewe Bw Joash Ochieng' Ougo ikizikwe kijiji cha Nyamila, Nyalgunga, wilaya ya Siaya," wakaamua. Ingawaje, majaji walisema hawatatoa amri kuhusu gharama za kesi. Walieleza mwishoni mwa uamuzi kwamba huenda baadaye Bunge likatunga sheria kusimamia maswala ya mazishi hasa kuhusiana na mapenzi ya iliyefariki na hali ya majane wake ili mahakama ziwe zikitatua kesi ya mazishi haraka. Walisema kulingana na walivyoona, uandikaji wa wosia hautatosha kwa sababu mizozo ya mazishi inatokea. Awali, majaji walianza kwa kueleza marehemu alikuwa mtu wa aina gani kabla ya kifo chake. Walisema mbali na kuwa wakili maarufu aliyekuwa na mali, alikuwa Mluo na mwanachama wa Ger Union na kwamba kabla ya kufa kwake, alimwambia Bw Owuor Tago wa Sega Chemists alinuia kurudi Siaya mambo yakiwa mabaya akastaafu huko. Majaji walikumbusha kuwa Bi Otieno aliiambia mahakama marehemu alimwambia ukoo wake ungepinga azikwe kwingine isipokuwa Siaya. "Inaonekana kwamba hata ingawa marehemu aliambia jamaa yake mahali alipotaka azikwe akifa na hali kadhalika alijua ukoo wake ungepinga basi hakua na uhakika. Tunafikiri kwamba hakuwa na hakika (mahali angezikwa) na hivyo, jamaa yake huenda ilipotoshwa •.. ," mahakama ikasema. Majaji walisema taratibu ya sheria ya mila za Kiluo hazimruhusu mtu kueleza atakapozikwa akifa kama zile Bi Otieno alizizitaja. "Kulingana na mila, Mluo anayetaka kuzikwa mahali pengine mbali na nyumbani mwa babake huchukua hatua za kuanzisha makao kulingana na mila. Sherehe ya kuanzisha makao hayo hujulikana kama "tudolum." "Ikiwa marehemu Otieno, aliyejua msimamo wa ukoo wake kuhusu mazishi, alitamani kuzikwa Upper Matasia, basi alitarajiwa kumuomba babake kabla hajafa aidhinishe uanzishani wa makao huko.

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295 "Na kwa sababu marehemu hakutekeleza wajibu huo wa kimila, basi hakuwa na makao kulingana na mila za Kiluo za kuanzisha makao. Haikuwa na maana yo yote kwamba alikuwa mkazi wa mjini au alifuata maisha ya aina ingine tofauti na ya kiasili," majaji wakasema. Majaji kadhalika walisema katika kufikiria rufani hiyo, iliwabidi wachunguze kama "Common Law" iliyotumiwa na Bi Otieno ilipaswa kutumiwa au la. Kulingana ba Bw Khaminwa wakaeleza, maswala kuhusu kesi hiyo bila kufikiria sheria ya kimila ya Bw Otieno. Naye Bw Kwach, kwa naiba ya ukoo, alisema yalipaswa kusimamiwa na sheria ya kimila ya Waluo. "Wakasema: "Wakati huu, haiwezekani kwa rais Mwaafrika nchini Kenya kujitenga au kuvunja uhusiano na kabila la babake. Hivyo, ni wazi kwamba Bw Otieno akiwa Mluo kwa kuzaliwa aliendelea kuwa mmoja wa kabila la Waluo na kusimamiwa na sheria ya kamila ya Waluo. "Hatuhusiki hapa na swala la watu na makabila tofauti kuonana, la baba Mluo kumuoa mama wa kabila lingine au rangi tofauti," wakaeleza. Majaji walisimulai jinsi sheria ya "Common" iliyotegemewa na Bi otieno ilivyohusika katika kesi hiyo. Walieleza kwamba tofauti kuu baina ya "Common Law" na sheria ya kimila ya kiafrika na kwamba sheria ya Kimila na kanuni zinazohusu kabila moja hali "Common Law" mchanganyiko wa kanuni nyingi isipokuwa mila kadha ambazo bado kushirikishwa katika sheria hiyo. Walisema mara maamuzi ya mahakama yatakapopita kanuni za kimila, basi mila hizo zitakoma kutumika. Hivyo, walionelea kwamba sheria za kibinafsi za Wakenya ni zile za kimila. Waliongea kwa kifupi kuhusu kesi iliyosikia sana katika rufani hiyo kati ya James Apeli na Enoka Olasi dhidi ya Prisca Buluku. Kesi hiyo ilihusu mahali maiti ilipaswa kuzikwa na ilizuka kutokana na mila za watu wa Bunyore mashariki, lakini mzozo huo haukutatuliwa. Majaji walisema kadiri kesi hiyo ilivyohusika, ilikuwa na juu yu kufukua maiti ili ikazikwe Bunyore mashariki. "Hivyo, hatuwezi kukubali ubishi wote wa Bw Khaminwa kuhusiana na kesi ya Buluku kwamba "Common Law" inapaswa kutumika badala ya sheria ya kimila. Baada ya kujadili kwa kirefu na kueleza tofauti baina ya sheria hizo mbili, majaji walisema: "Kulingana na hayo, inatulazimu tushughulike na sheria ya mila za Waluo katika kesi hii na kujibu maswala yaliyozushwa." Kuhusu ubishi wa Bw Khaminwa kwamba sababu Bi Otieno alikuwa mwakilishi binafsi wa marehemu, alikuwa na haki ya kumzika, majaji walisema kwamba Bw Khaminwa hakuwa akitegemea sheria hiyo kuthibitisha madai yake kwamba Bi Otieno alipaswa kumzika mumewe."

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I 296 Walisema kwa sababu Bi Otieno alikuwa mke tu wa marehemu hangeweza kutumia sheria hiyo kuthibitisha madai yake. Kuhusu ubishi kwamba kwa sababu Bi Otieno aliomba hati za kumruhusu asimamie mali za marehemu mumewe, alikuwa na haki kumzika pia, mahakama ilisema mtu hawezi kupewa haki za kusimamia mali kabla ombi lake halijasikilzwa bado. "Ukweli ni kwamba mkata rufani amepingwa katika ombi hilo. Bado hajawahi kupata hati hizo. Hajapokea mamlaka hayo na hivyo hawezi kusimamia mali hizo kulingana na sheria," wakasema. "Kutokana na hayo, mkata rufani, ikiwa atategemea "Common Law," haitaweza kusaidia katika kesi yake. Anaweza tu kutegemea sheria ya kimila," majaji wakaamua. Wakigeukia sheria ya kimila ya Waluo, majaji walisema Waluo hufuata mila hizo kwa hiari na kwa usawa. Walisema ukoo uliita mashahidi wa kutosha kuthibitisha zilitumika. Walitaja baadhi ya mila hizo zilizojaribiwa wakati wa kesi kuwa: *Kwamba marehemu alizaliwa Mluo na hivyo, Bi Otieno alipoolewa, alikuwa mmoja wa jamaa ya Otieno na mwanachama wa ukoo wa mumewe. Watoto wao pia walikuwa Waluo na pia wanachama wa ukoo wa baba yao. *Baada ya kifo cha Mluo aliyeoa, ukoo wake unasimamia mazishi yake pamoja na kufikiria mapenzi ya marehemu na jamaa yake. *Lakini Mluo ambaye hajaanzisha makao kulingana na mila atazikwa nyumbani mwa babake. *Kulingana na mila za Waluo tuliozosema Bi Otieno anasimamiwa nazo, hana haki ya kumzika mumewe na hawezi kuwa kiongozi wa jamaa baada ya mumewe kufariki. *Kuhusu jamii zingine za Kiafrika, mwanaume hawezi akabadilisha asili ya kabila lake. *Kuna mila zingine za mazishi ambazo lazima zifuatwe, lakini kuna zingine ambazo si lazima. Majaji walisema hakukuwa na lo late la kuchukiza katika mila za Waluo kuhusu mazishi kuhusu moto "magenga" wa mazishi wala "Tero Buru" baada yamazishi ya Kiluo. "Mila hizi hazina ubaya wo wote na huwa na maana ya kutilia maanani msiba uliokumba ukoo, kumtofuatisha marehemu na wengine waliofariki na ambao si maarufu kama yeye na kuwapa moyo wanachama wengine wa ukoo kulenga juu katika maisha yao," majaji wakasema. Kuhusu ubishi wa Bi Otieno kwamba kwa sababu mkwewe, Mzee Jairo Ougo, alikaa nyumbani kwao Langata kwa muda mrefu alipotembelea Nairobi, hivyo alitambua na kubariki nyumba yao kuwa makao rasmi, majaji walisema kuna utaratibu maalumu wa kufuatwa kuanzisha makao ya Kiluo na si kutembelea nyumba pekee. Kumhusu Bi otieno, majaji walisema, "Mtakata rufani akiwa mke wa marehemu, lazima afikiriwe kuambatana na

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297 wanawake wengine walioolewa na wanaume Waluo bila kujaji hali yao ya kimaisha. "Jambo kwamba aliolewa kulingana na sheria ya ndoa si kusema anapaswa kuwepa haki maalumu kulingana na sheria ya mile za Waluo," wakasema. Kuhusu madai Bi Otieno alibaguliwa na wanaume wa Kiluo kuhusu mazishi ya mumewe kwa sababu yeye ni mwanamke, mahakama ilisema kifungu cha 82(3) na (4) (b) cha katiba huruhusu kanuni za kubagua kadiri maswala ya mazishi yanavyohusika. Majaji walisema ilionekana keasi hiyo ililetwa mahakamani kwa minajili ya kuondolea mbali sheria ya kimila ya Kiafrika halafu kutumia "Common Law" lakini walisema haikuwa hivyo kwa sababu hawana jukumu la kutoa nafasi mpya kwa sheria hizo mbili. Walisema baada ya kuchunguza kwa makini ubishi wa Bi Otieno na kufikiria sana kila swala alizozusha, waliamua kukubaliana na uamuzi wa Jaji Bosire na kutupilia mbali rufani yake. Waliamua Bw Ougo achukue maiti ya marehemu, ambayo imelala katika City Mortuary kwa siku 147, kwenda kuizika Nyalgunga, Wilaya ya Siaya.

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APPENDIX F DAILY NATION, May 16, 1987 Judges give final ruling in burial row S.M. Otieno is to be buried at his ancestral land in Nyalgunga Siaya District, the Court of Appeals ruled yesterday. But it was not immediately known when the burial would take place as the clan wants a second post-mortem examination on the body of the late criminal lawyer. At the same time, the court suggested that Parliament may have to legislate to enable courts to deal with burial cases expeditiously and also certify the position of widows in such disputes. Immediately after the 26-page final ruling was delivered, Mrs. Wambui Otieno, the widow of the late lawyer, said: "As far as I am concerned, this is the end of the road for me. I have now discovered that women are discriminated against in Kenya. They can take away my husband and bury him. Joash can go and bury his brother." In their 55-minute ruling, the judges Mr. Justice J.O. Nyarangi, Mr. Justice H.G. Platt and Mr. Justice J.M. Gachuhi said: "It does appear to us that in the course of time, Parliament may have to consider legislating separately for burial matters covering a deceased's wishes and the position of his widow and so enabling the courts to deal with cases relating to burial expeditiously." The court found that Mr. otieno was subject to Luo Customary Law as he was born and bred a Luo and as with other African communities, he could not have changed this tribal origin. When he married Mrs. otieno, she also became part and parcel of his household and a member of his clan. Their children are also Luos and are bound by the customs by virtue of their being members of their father's clan. The judges also said that in accordance with the customs, Mrs. otieno did not become head of the family and has no right to bury her husband since this would be contrary to the customs she is bound by. 298

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299 The Luo customs relating to burial were not "repugnant" or "immoral," the court said. The practices are innocent and are meant to underscore the deep loss to the clan, to distinguish the particular deceased from other deceased who are not as prominent. The ceremony is intended to encourage members of the clan to aim high by doing good deeds to the community. The customs were also just in that they accomodated those "rebels" who might wish to establish their homes in Luoland. The fact that Mr. Otieno's late father, Mzee Jairo Ougo, lived with him at his Langata home was no evidence that he had consented and blessed the home as required by the customs, the judges said. "Having not carried out any of the requisite customary procedures, the deceased did not have a home in the Luo traditional sense anywhere. It matters not that the deceased was a sophisticated, urbanized and had developed a different lifestyle. This cannot affect adherence to one's personal (customary) law," the court said. In dismissing Mrs. Otieno's appeal, the highest court in the land said she cannot legally claim the right to bury her husband as she had not yet gained the letters of administration which would make her his personal representative. The judges said Mrs. Otieno can only rely on the Customary Law since she cannot sue under Common Law as the letters of administering her late husband's estate have yet to be granted. Mr. Richard Otieno Kwach who has been representing the clan in this epic legal tug-of-war praised the ruling and said: "This goes a long way to confirm that a woman cannot be head of an African family." A noticeable absence was that of Mr. John Khaminwa who has been representing Mrs. Otieno in this legal battl;e for burial rights. A lawyer working with Mr. Khaminwa, Mr. Tom Maosa, held brief for Mr. Khaminwa, who is reported to be in the United States. The court made no ruling as to the costs of the suits which implies that the ruling made by Mr. Justice S.E.O. Bosire on February 13 still stands. The High Court ruled that both parties should meet the costs of their suits. The legal costs of this battle are still unknown. The Registrar of the High Court, Mr. J. Mwera, told the Nation that he could not even make an estimate how much they will charge for the items on their bill of costs. They will then send a rough draft of these estimates to us. Since they have not done so, it is very difficult to estimate how much they will receive," he told the Nation. But sources in legal circles said they doubted that the two lawyers would be adequately remunerated for their work. Estimates are that they would receive payments in the range of ShS00,000 each.

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300 "This has been a very complex and time consuming affair for both of them. It is doubtful that they will receive anything like the Sh500,000 they deserve. It will be surprising if they even receive Shl00,000 for their work," the sources said. The sources said what the two advocates had done was Pro Dieu (labour for God) since their clients were not expected to adequately pay them for their efforts. But the costs were Sh14,600 at ShlOO per day. This excludes the extra cost incurred for embalming the body twice to maintain it as the legal tug-of-war continued. Mr. Otieno died 147 days ago last December 20 on arrival at Nairobi Hospital where he had been taken after falling ill at his Upper Matasia farm in Ngong, a few miles south of Nairobi. Soon after, differences arose as to where he should be buried with Mrs. otieno insisting that she wanted to bury her husband at their Upper Matasia farm and the clan demanding that he should be buried at his ancestral home in Nyamila village, Nyalgunga sub-location, Central Alego in Siaya District. Futile efforts to reconcile the two parties were made by Dr. Josphat Karanja, MP for Methare, and Dr. Gikonyo Kiana. FUTILE Mrs. Otieno took the matter to the court and Mr. Justice Frank J. Shields ruled she should bury her husband at Upper Matasia. The clan filed a counter-injunction and the matter went back to Mr. Justice Shields who repeated his earlier order. Mr. Kwach took the issue to the Court of Appeals saying that Luo Customary Law had been ignored. He also sought for a full trial of the case in the High Court. The Court of Appeals granted the application and said justice would only been seen to have been done if both parties were heard. On March 13, Mr. Khaminwa was given time to prepare and present his memorandum of appeal. He did this citing 21 grounds. Before the case could be heard, Mrs. otieno wrote to the Chief Justice objecting to the three judges hearing her appeal because they had handled the case on previous occasions.

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APPENDIX G RESPONDENT QUESTIONNAIRE PART I SWAHILI PROFICIENCY 1. What is your native/first language? 2. Of what ethnic group do you consider yourself a member? 3. Was Swahili used in your home as you were growing up? YES NO If you answered YES to question #3, answer questions #4 & #5. If you answered NO to #3, go on to question #6. 4. Approximately what percentage of the time was Swahili used in your home? 5. On what specific occasions was Swahili used vs. your native language or some other language? 6. Approximately what percentage of the time do you use Swahili in your home now? 7. If you use Swahili and another language at home, on what specific occasions do you use Swahili? PART II ATTITUDES TOWARD THE PRESS 8. How often do you read the newspaper in your country? EVERY DAY WEEKDAYS ONLY WEEK ---0-NCE OR TWICE A MONTH 301 3 OR 4 TIMES PER NEVER

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302 9. Which newspapers do you read in your country? 10. In terms of objectivity, how would you characterize the newspaper(s) you read? Name of newspaper: VERY -------------------------------------VERY OBJECTIVE 5 4 3 2 1 BIASED Name of newspaper: VERY -------------------------------------VERY OBJECTIVE 5 4 3 2 1 BIASED Name of newspaper: VERY -------------------------------------VERY OBJECTIVE 5 4 3 2 1 BIASED 11. Which of the statements below best describes your attitudes toward the press? "When I read the newspaper, I expect to find. MOSTLY TRUTH __ MORE TRUTH THAN OPINIONS OPINIONS THAN TRUTH ___ MOSTLY OPINIONS PART III THE OTIENO CASE 12. Are you familiar with the otieno case? II MORE VERY FAMILIAR ___ SOMEWHAT FAMILIAR ___ HEARD OF IT BUT NOT VERY FAMILIAR WITH IT ___ NEVER HEARD OF IT --If you answered NEVER HEARD OF IT, you do not have to answer the questions below. 13. If you are familiar with the Otieno case, how did you become familiar with it?

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303 NEWSPAPERS ___ WORD OF MOUTH __ _ TELEVISION DISCUSSED IN CLASS ___ OTHER __ _ Briefly describe OTHER: 14. If the newspaper was one of your sources of knowledge regarding the Otieno case, answer the following questions. a. As you recollect, did you consider the coverage to be fair/unbiased or biased toward one of the parties in the dispute? How and why? b. If you read about the case in several newspapers, which would you say were the most fair? the most biased? Why? 15. In the space below, briefly describe what you know about the Otieno case.

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APPENDIX H SWAHILI CONTROL RESPONDENT #1 Nitasimulia hadithi hii nilivyoisikia ina ... au nilivyoisoma. Inazungumzia matatizo ya mila na desturi za kiasili za Afrika dhidi ya maendeleo labda ya sasa yalioletwa na ukoloni katika Afrika. Kwa hiyo, naona kwamba ni mgongano. Kuna mke wa otieno ana hitaji ya mzike mumewe kulingana na mila za kisasa, kulingana desturi za kisasa. Na anataka amzike mumewe mjini. Lakini ndugu wa marehemu Otieno anataka marehemu akazikwe kwa mila za kwao za kiluo. Kwa hiyo, kesi hii inaendeshwa na rufani inakatwa. Na inafikia mwisho uamuzi kwamba anayefanikiwa ni mke wa marehemu. Na kwamba huyo marehemu Otieno atazikwa mjini nasio kijijini kama ilivyokuwa imeombwa na ndugu za marehemu. Hapo mimi nikidokeza kwa maneno yangu inachoelewa ndani wa hii hadithi situ ule mgongano wa kikabila na hali ya sasa. Lakini vile vile kuna ile hali ya kuona kwamba huyu ni mwanamke anayedai haki hizi na wale wanaokata rufani ni wanaume. Katika makabila mengi unakuta kwamba mwanamke hatakuwa na haki sana baada ya ufa mumewe, inabidi apate lini ndugu za mume wanachokisema, nasi yeye kusema kwamba "mimi mume wangu. Nataka azikwe hapa, au mimi na watoto wangu tuliobaki tutafanya hivi na hivi na hivi." Na kwa .. . si rahisi. Mara nyingi akisha kukaa mume, basi muke anakuwa chini ya ndugu za mumewe. Kwa hiyo, hapa kuna hali hiyo vile vile kwamba kuna mgongano wa kutaka kubadilisha msimamo kama huu. Kwa hiyo, kwa kifupi, ninge ..• ningesema hivyo hii hadithi nakuzungumza. Sijui kama ulitaka nifanue au nifafanue zaidi. Lakini ina .•. ni wazi yaani hadithi yenyewe ni wazi kwa kikwazo la kifupi na hivyo tu labda. Kuna mgongano na kwamba kesi inaendesha na anayefanikiwa mke wa marehemu Otieno. Nani hadithi nzuri. Mimi ningependa sana nijua kwamba kilitokea nini, kuhusiana Otieno mwenyewe alikufa ajili na nini. Lakini kwa bahati mbaya kwenye ile gazeti sijaweza kupata katika hiyo hadithi. GLOSS: I will tell this story as I heard it, it ... or read it. It discusses the problems of traditional African culture and customs vs. today's progress which was brought to Africa by colonialism. Therefore, I feel there is a 304

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305 conflict. The wife of Otieno has the need to bury her husband according to today's customs, according to today's culture (practices). And she wants to bury him in town. But the brother of the late Otieno wants the deceased to be buried according to their Luo customs. Therefore, this case is set in motion by an appeal and it ended with the judgment that the one who is successful is the wife of the deceased, that this late Otieno will be buried in town and not in (his) village as was requested by the brother of the deceased. Now I would suggest in my own words (in my opinion) as it is explained in this story, it is not only a conflict (between) tribalism and modernity. Rather, at the same time, there is the situation that the one who claims these rights is a woman and the ones who appeal are men. In many tribes you find that a woman does not have many rights after the death of the husband, when she must obtain from the brothers of the husband what they say about it, and not herself say, "I want to bury my husband here," or "I and my children who remain will do this and this and this." It's not easy. Many times she lives with her husband, but a wife is subservient to the brothers of her husband. Therefore, here, there is this circumstance and at the same time there is the conflict of wanting to change the standing (position) like this. Therefore, briefly, you could say these things about the story I have told you about. I don't know if I should explain further, but it is clear that is the story itself is clear There is a conflict and that the case was set in motion and the one who succeeds is the wife of the late otieno. And it is a good story. I would like very much to know what started it, concerning Mr. Otieno himself, what the cause of his death was? But, unfortunately, in this newspaper, I am not yet able to find it in the story.

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APPENDIX I SWAHILI CONTROL RESPONDENT #2 Hii hadithi inaongelea juu ya Bw Otieno ambaye alikuwa wakili wa Kenya na ambaye alifariki. Na kulikuwa na mzozo kati ya Bi Otieno na familia ya Otieno namna ya kumzika marehemu Otieno. Na familia ya Otieno yalikuwa yalimpenda yamzike mtoto wao kwa mila za kiluo. Na walipenda wamzike nyumbani kwa kijijini. Lakini Bi Otieno alitaka amzike mumewe kwenye shamba lao ... na ilikuwa ni ... kuwa mapenzi ya Otieno ambaye alisema kwamba apokufa lazima azikwe kwa shamba lao. Na nafikiri ... lakini uwanzo uliotoa kumpa ruhusa Bi Otieno kumzika mumewe ulikuwa ni sawa kwa sababu mkewe wa wakili alikuwa na haki na kushinda hata baba ya Otieno, familia nyingine ya Bw Otieno. Kwa sababu naamini kwamba watu wanapooa na kuwa beba, wale wamekuwa mwili mmoja na .•. mmoja na haki zaidi ya kwa mwingine, zaidi ya mtu mwingine kwa karibu au aidha family . . . familia au ndugu hawana kuwa .•. hawana haki kama mwanamke au kama bwana. Kwa hiyo, ninafikiri uwanzo hakimu ulikuwa ni sawa. GLOSS: This story talks about Mr. Otieno who was a Kenyan attorney and who died. And there was a quarrel between Mrs. Otieno and Otieno's family over the burial of the late Otieno. Now the family of Otieno wanted to bury their "son" according to their Luo customs. And they wanted to bury him at home in the village. But Mrs. Otieno wanted to bury him at their farm ... and there were •.. there were the wishes of Otieno who said that when he dies he must be buried on their farm. And I think ... but the decision which was delivered giving Mrs. Otieno permission to bury her husband was right because the lawyer's wife had the right to defeat even Otieno's father (and) other members of Mr. Otieno's family ... because I believe that when people marry and bear children, they become one (become one body) and ... one with more rights than others, more than another close relations or the family for that matter ... a family or a brother do not have ... do not have rights like husbands and wives. Therefore, I think the decision of the judge was correct. 306

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I APPENDIX J ENGLISH CONTROL RESPONDENT #1 Oh that is very simple! This is the kind of tribal customs against the legalities of the nation of Kenya. Because I feel, in Ashante, for instance, we follow our customs. But here, I found out that the wife of the deceased is saying that, ck, according to the laws of Kenya, she has custody to the body of the husband, the deceased. Ok, and the family members of the deceased are also saying that, according to the custom of ... according to their tradition or the custom of their tribe, they have custody of the body. And now what I have found is that the courts have agreed in favor of the legal system instead of the customs of the people. That is why they have given the body ... the custody of the body of the deceased to the wife. This is what I found. The whole story is that this is a dead person, and, ok, the wife is claiming the body of the deceased according to the law which is the government of the day which is not the tradition. Ok, and the family members, that is the brothers and the sisters of the deceased are also claiming the body of the deceased according to the custom. Ok, and now it has ended up in court. And what has the outcome is that the court is going according to the legal system of the nation of Kenya. So they have decided that, ok, the wife of the deceased should have the custody of the body for burial. This is what actually I found out. 307

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APPENDIX K ENGLISH CONTROL RESPONDENT #2 What we have is a case of a family in which a young woman, well the age is not stated, suddenly finds herself in conflict with members of her deceased husband's family. It's now a question of ... the family wants to take responsibility for the mortuary rituals in the countryside. Whereas the young woman wants to have it done in the city. So, we get the young woman taking the case to the courts, the law courts. And the court decides in favor of the young woman. But the brother of the deceased pursues this, takes it to a higher court which in this case is where this justice, Justice Smith, who again is in favor of the young woman being responsible for disposing the .•. the disposal of the body. So it becomes a question of the court deciding in favor of the body being buried by the woman in the city or the relations of the deceased taking the body to the countryside. The Chief Justice invokes, I think, two major reasons here why he feels the body is to be buried in the city by the woman. He says after all the deceased was a "cosmopolitan." And he invokes an earlier ruling, a similar case in which the litigants ended up in a similar situation with the judge ruling in favor of those ... of the one who was going to bury the deceased in the city. And of course there is another ... the judge ... there is a basis for that. There is a law actually giving the rights to bury someone to a legally recognized person. And in this case it looks like the young woman is the recognized person under the law because her husband had discussed this with her. The judge also rules out the question of the deceased ... the case that was being used by those who wanted the body buried in the countryside, that ... after all he was not Bantu, by which I understand that he could pract ... be buried in the countryside like the other non-Bantu people. And in this case they cite the Nilotic trad ... Nilotic traditions. But the judge rules against that also. And eventually it tends to be a question of the young woman having responsibility over the disposal of the late husband's body. But the other contending party does not seem satisfied with that ruling. 308

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309 APPENDIX L EXPERIMENTAL RESPONDENT #1 Q: Describe briefly what you know about the Otieno case. All I know is that I had heard of Mrs. Otieno because her sister was teaching. All I know is that Mrs. Otieno wanted to bury her husband but the relatives of Mr. otieno wanted to bury him and .•. actually the question was not really who was going to bury him but where .•. They didn't want him to be buried around Nairobi because they considered that was not home. So they wanted him buried traditionally and back home in his ancestral land. That was the "tug-of-war," 'cause Mrs. Otieno did not want him to go all that way. She considered her home where they had bought some land around Nairobi. And maybe ... I got the impression that she wasn't getting along very well with her in-laws, because that's why they didn't give her all that much support when her husband died. And being a .•. now she's not a Luo, she's a Kikuyu. So now sometimes it used to look as if it is Luo vs. Kikuyu. Retelling the news story Tokana na vile nimesoma, Jaji alikubali Bi Otieno amzike bwanawe (bwanake) kwa sababu Bi otieno alisema. bwanake alikuwa alisema kama akila* (akiaga) dunia azikwe kwa nyumbani Upper Matasia. Lakini wakili wa Umira Kager wakapinga uamuzi wa jaji ... wakasema ... inaonekana wanasema hakuna mtu ye yote hawezi kusema pale atazikwa. Kwa hivyo walikuwa na pinga vile jaji aliinua. Lakiki jaji akatupilia mbalimbali maombi yao. Akaambia hawaku ... vile alikuwa amesema hawakuwa wasupport. Kwa hivyo, aliona vizuri .•. Bi Otieno amzike bwanawe (bwanake). Lakini ata Bi otieno alipopanga kumzika labda aliona akimzika bwanawe (bwanake) na kukomboleni uamuzi ule na nyingine labda watamtoa. Kwa hivyo, imepostpone .•. ata kama alikuwa amepanga amzika alikuwa wasiwasi. Hakumzika siku ile kwamba alisema. 309

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310 Gloss: Concerning what I have read, the judge agreed that Mrs. Otieno can bury her husband because Mrs. Otieno said ... her husband said if he dies he should be buried at home in Upper Matasia. But the lawyer for Umira Kager opposed the judge's ruling ... they said ... it seems they are saying that no one can say where he will be buried. Therefore, they opposed those things the judge offered up. But the judge rejected their various petitions. He said they did not thus he had said they did not support (their position). Therefore, he ruled well ... Mrs. Otieno should bury her husband. But when Mrs. Otieno planned to bury him, perhaps she felt if she buried her husband and lost that judgment and others, perhaps they would turn her away. Therefore it was postponed that is if she had planned to bury him there would have been trouble. She did not bury him on the day she said. *akila is the Kiembu equivalent of the Swahili akiaga.

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APPENDIX M EXPERIMENTAL RESPONDENT #2 Q: Describe briefly what you know about the Otieno case. He passed away under some circumstances people are not clear about as to whether he was ill or had a bad meal. And ... I'm sorry it was quite a long time (ago) •.. some of the events have gone out of my mind. But then, immediately, the clan members went to, in fact the brother went to, Mrs. otieno's house to discuss funeral arrangements. And I think she was not receptive to him. So the venue of any subsequent meetings were changed to now be held at Otieno's brother's house. In the course of that, she boycotted to attend what all was being discussed about the preparations for the burial place. And the clan finally decided that after a church service in Nairobi, they would take the body home to Upper Matasia* (Nyalgunga) and that started all the misunderstanding. She had to file suit to contract having the body buried in Upper Matasia. And she explained the results fully that wherever they went ever since she got married, Otieno never stayed at home. He knew his home to be Upper Matasia. So she tabulated all the reasons to justify for her demanding the burial to be in Upper Matasia. And of course Otieno* (Ougo) and the rest of the clan wouldn't agree to that. And I would imagine that anyone who knew Otieno would have come out against her decision. But what disturbed most people was why Otieno never built a house, a good house, at home, because he was not a poor person, and he was not a young boy. That baffled people. Some even asked why he never put a will of any kind. But there were talks from other quarters that he could have probably put this down but the wife maybe destroyed whatever he wanted his wishes to be. So of course the body had to be in mortuary for this long period of time, and the engaged ... Mrs. Otieno engaged Khaminwa as her lawyer, and Khaminwa is quite a reputable lawyer from the Western Province, but a different location from mine. Of course the Otieno family engaged Kwach who had worked for a long time with the Hamilton firm of lawyers, quite reputable also in Nairobi. And the people were doubtful as to whether Kwach, that is the lawyer to the clan, would win. But I can see the leadership in Kenya has a bias to customs. They want the traditions to be preserved as much as possible. So 311

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312 it was quite a tough case. You could see the lawyers exchanging bitter, abusive words. The way Khaminwa was arguing, people thought he would succeed, because he had all the quotes from all the lawbooks where that happened. And people never regarded Kwach to be a strong lawyer. But I think what helped him, he mastered the consultations with the quite senior people in Kenya. Maybe through influence he managed to succeed, and it earned him quite a big name. Looking at the feelings of people in Kenya, you see they were with the clan. So that's how it went on, and the services were held. But his immediate family boycotted to attend the totality of it, the Nairobi services and even home, even the children. The children didn't go to Nyalgunga. But we don't know the background of how they lived, because these are not young people. They were elderly people. It shouldn't really have been that way. So they started to question how they lived as husband and wife and their relationship with the in-laws from the husband's side and Mrs. otieno's side. There was hardly any statement from Mrs. otieno's members. And you know that is a Kikuyu family that has very learned people, and there was no statement. She has all along been aggressive, and the family members would not let her do what she set out to do. Retelling the news story Ikifo ya Bw S.M. Otieno ikifo ajabu. Ililetea watu wa Kenya wazuri sana kuona akingazo ilikuwapo katika ... ikifo ilifanya watu wengi kusitika {kusikitika) kuona ile mapingano ilikuwapo kwa Bi ya marehemu Otieno na wazazi wake. Wazazi wake walitaka Otieno azikwe nyumbani lakini bibi yake akakataa. Bibi yake alitaka bwana yake azikwe kwa mjini pale inaitwa Upper Matasia. Na alieleza wajamaa wa marehemu Otieno yaani bwana yake alikuwa ameshasema akifa azikwa huko Upper Matasia. Lakini wazazi wake waliona wakimila {wakabila) iliyohai kuweza fanyikana. Kimila {kabila) wa wajaluo yapatikana mutu akifa mpaka nje azikwe nyumbani. Lakini tatizo ilikuwapo ilikuwa yaani marehemu Otieno hakukuwa kujenga nyumba nyumbani. Tena pia bibi yake na watoto wake walikuwa hawajakaa huko nyumbani kwake. Yaani ... zamani hawakuwa na kwenda huko mara nyingi. Ata ile tembelea wazazi wa Otieno walikuwa tu wanaenda na kurudi kulala Kisumu. Kwa hivyo, Bibi wa marehemu wakaona Otieno hakupenda nyumbani. Kwa hivyo ilikaanza msumbua mkubwa. Ikacheliwesha kuzima zikwe marehemu otieno. Ata wakaenda kortini ... wakaenda kortini ya tu watu wa kortini wa mwili yaani nani atapata ruhusa ya zumzika Otieno. Baadaye mwili kakaa kwa mortuary kwa muda mrefu sana. Baadaye wakort ... wale walikaa kusikia hii maneno ya marehemu Otieno wakaamua yeye atazikwa Upper Matasia* pale alizaliwa. Kuzika kwake haipokuwa mzuri sana kwa maana Bibi yake na watoto wake

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313 hawakufika nyumbani kuona ile alizikwa. Lakini watu wa nyumbani wa otieno waliona wakimila (wakabila) ilitakana (ilipatikana) mpaka yeye azikwe nyumbani. (unintelligible) taisha. Halafu ... awakaendelea lakini baadaye tulikuwa (kulikuwa) na ... Mrs. Otieno alikuwa saidia na andika report kwa Taifa kusema bado anafuatana hiyo mambo. Mpaka siku ile ataona mwili wa Bwana yake ameshatoa kwa •.. ameshatoa kutoka huko Nyalgunga na kumzika huko Upper Matasia. Gloss: The death of Mr. Otieno was a surprise. It caused (brought for) good people of Kenya to feel sad, to feel these challenges there between the wife of the late Otieno and his family (lit. parents). His family wanted Otieno to be buried at home but his wife refused. His wife wanted her husband to be buried in town there, Upper Matasia, and she explained this to the late Otieno's family. That is her husband had already said that if he died he should be buried there in Upper Matasia. But his family felt the living clans people should (could) do this. The Luo tribe believes (lit. ia available) if a person dies outside {the tribal land) he should be buried at home. But a problem ensued because the late Otieno failed to build a house at home. Moreover, his wife and their children had never lived there in his home {area). That is ... in the past they did not go there very much. {During) those visits to Otieno's family, they would just go and return to sleep in Kisumu. Therefore, the wife of the late Otieno felt Otieno did not like his home. Therefore, there began a great problem. It delayed greatly the burial of the late Otieno. Well, they went to court ... they went to court (unintelligible) that is who will get permission to bury Otieno. Afterwards the body remained at the mortuary for a very long time. Afterwards the court (the judges) ... those people sat and heard these (this) words of the late Otieno. They decided he will be buried in Upper Matasia where he was born. To bury him at his home was not a very good thing because his wife and children did not go to his home (area) to see him buried. But the people of Otieno's home felt the clanspeople should avail themselves until he be buried at home. (unintelligible). Afterwards they continued but then there was ... Mrs. otieno helped write the report for Taifa saying she is still following these things. Even to this day she feels the body of her husband she will yet take from there in Nyalgunga and bury him in Upper Matasia.

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I i APPENDIX N EXPERIMENTAL RESPONDENT #3 Q: Describe briefly what you know about the Otieno case. It was a wrangle between the widow of Otieno and his clan, whereby, according to Western law, the widow has the right to bury the body of Otieno. And that was a judgment made by the first judge, that's Shields. He gave the body to Wambui Otieno, given the fact that Otieno was Western educated, married in church. And so as a Kikuyu herself, and because, with the Kikuyu, the family of the deceased usually has the right, if its the sons and the widow, usually they are the ones to decide not the clan to decide. The clan comes in to help. But they do not decide what to do with the body, where it is to be buried. And she did what was right. But the Luo community customs are different from the Kikuyu. So this was a wrangle between two customs, the Luo and the Kikuyu customs. In the Luo customs, the clan takes the right not the widow. The women are not heard. They are there to be seen. And its the clan that had to bury Otieno. So that was the main problem. And that's why, according to the first judge, it was the customary law that was to be used in deciding where otieno was to be buried. And so Otieno was given to the clan against the wishes of many people who felt that it should have been Wambui Otieno who should have been given the body. Retelling the news story Hapo ilikuwa ni wakati wa uamuzi wa kesi ya marehemu Otieno ambako jaji ambaye anaitwa Shields, alitoa uamuzi wake kwamba Bi wa marehemu Otieno .•. Bi wa Otieno alikuwa na haki ya kumzika marehemu Otieno. Alifanya hivo kwa sababu Bi wa Otieno alikuwa na kwa kisheria ati alikuwa na haki ya kupewa mwili wa marehemu Otieno kwa sababu angerithi vitu vyote vya Otieno kisheria. Lakini ni sheria ambao Kenya ilitunga kutoka kwa tulioipata, kutoka kwa iliyotuirithi ... kutoka kwa Kiingereza. Kisheria Wambui Otieno ndiye alikuwa na haki ya kumzika otieno. Lakini Kwach ambaye alikuwa anawakilisha jamii ya Otieno aliona kwa uhakika wao ndiyo walikuwa na haki ya kumzika otieno. Lakini jaji alisema ya kwamba uamuzi ulivyotolewa na korti 314

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315 ya chini ya Kenya ndiyo yalithibitisha na kasema utakuwako na otieno kwa hivyo atapewa Wambui. Wambui alipea Otieno. Lakini hao ... nao Kwach alikuwa anataka apewe ilani ya kupeleka kesi hiyo katika Korti la Juu la Kenya. Na vile ilionekana ya ni kwamba alipeleka. Lakini uamuzi haukomtolewa wakati hadithi hii ilikuwa na andikwa. Na kwa hivyo Wambui akaona ingawa alipewa idhini ya kumzika mumewe. Akaona akangojea uamuzi utolewe ili inaonekana kwamba utakuwa uamuzi wa kumpea ruhusa au idhini ya kumzika Otieno au watatupilia mbali wa uamuzi wa Shields ambaye alikuwa ametoa wakumpea Wambui Otieno. Gloss: This is the occasion of a judgment in the case of the late Otieno when the judge, who is named Shields, gave the ruling that the wife of the late Otieno ... the wife of Otieno had the right to bury the late Otieno. He did this because the wife of Otieno had the legal (right), she had the right to be given the body of the late Otieno because she can inherit all of Otieno's things (Otieno's estate) legally. But it is a law which Kenya constructed from that which we have received, from that which has been inherited to us, from English. Legally, Mrs. Wambui Otieno truly had the right to bury Otieno. But Kwach, who represented the Otieno's family, genuinely felt they truly had the right to bury otieno. But the judge said that the judgment as it was given by the Lower Court of Kenya established and said what would happen to Otieno. Therefore, he was given to Wambui. Wambui was given Otieno. But they ... Kwach wanted to be given a notice appealing this case to the High Court of Kenya. And thus it seemed that he appealed (sent). But the judgment had not yet been handed down when this story was written. And therefore felt although she was given permission to bury her husband, she felt she would wait for the judgment to be handed down so that it appear there would be a judgment giving liberty or permission to bury Otieno or they would reject completely Shield's decision which gave him (Otieno) to Wambui Otieno.

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APPENDIX 0 EXPERIMENTAL RESPONDENT #4 Q: Describe briefly what you know about the Otieno case First of all, I know Otieno to be one of the prominent criminal lawyers, and as such, a very respected person in Nairobi and in Kenya as a whole. And I also know otieno as somebody who got married outside his Luo community. And that aspect of it kind of created some dent in his reputation among the Luo. He was regarded as someone who made a mistake for having married outside his community, particularly a Kikuyu lady. That bit is true. But despite that I think he was very well respected and known. And ... so when Otieno died, everybody was taken by surprise because he had not been sick. Nobody had heard of him being sick at any time in the last three or four years. So, you know, it was very sudden news. And when he died there was, to start with, conflicting information in the sense that the radio, I think, gave a wrong name. And when they gave the wrong name, nobody was quite sure who it was until the newspapers printed the details the following day, right? So we first of all heard of his death through the radio but it was not quite clear until we got it from the newspapers, right? And then when he died we all assumed, we Luos, that he was going to be buried back home ... in his ancestral home, because that is really part of our tradition. It's a part of our culture. It's a given. It's not something that's discussed. So we were then very surprised when, a few days later, we heard from his wife that he would be buried near Nairobi, at Upper Matasia, near Nairobi. So that kind of created a bit of worry among people, and surprise. Therefore, the people who were waiting ..• the Luos were generally waiting for a word from the closest relatives of Otieno, mostly his brother ... the immediate family .•. to hear what kind of arrangements he would make in view of the statement from his wife ... from Otieno's wife, that he would be buried near Nairobi, right? So we were ... then we heard ... he issued a statement that, in fact, that Otieno would not be buried where the wife wanted, both because of ... according to the traditions that he would be buried at home, right? And so that kind of made us happy, the Luo community I'm talking about. But, as you are fully aware, the wife of Otieno rejected that the following day 316

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317 and said, "Look, we are going to bury him here because that was his wish and that kind of thing. And then started this battle, everybody saying, "Look, we are going to take court action to insure that he is taken to" his wife saying, "to insure that he buried according to his wish, that is in Upper Matasia near Nairobi." And that's how the whole thing started. Retelling the news story Kitu ambayo nilisoma hapo ni kwamba wakati Bw otieno aliaga dunia, Bibi yake Wambui alikuwa na taka azike Bwanake katika shamba lao Upper Matasia karibu na Nairobi. Lakini nduguye Bw Otieno alisema kwamba hatakubali ndugu yake azikwe Upper Matasia. Alikuwa na taka ndugu yake azikwe nyumbani kwao Nyalgunga. Na hii ili ... Bi Wambui hakukubali na hii maneno ya Bw Ougo. Kwa hivyo, alipeleka maneno kwa korti. Na kwa korti jaji mmoja, ambaye anaitwa Shields, alisikiliza kesi hii. Halafu baadaye akasema akampa Bi Wambui Otieno ruhusa ya kuzika Bwana yake katika shamba lao Upper Matasia. Alipofanya hivo wakili wa Bw Ougo alipeleka maombi kwa Korti Mkuu ili atupe mbali judgment ya Bw Shields na pia kuomba ya kwamba Bw Otieno azikwe nyumbani Nyalgunga. Bw Shields kwa judgment yake alisema hatakubali hata kidogo kuruhusu hawa wakili wa Bw Otieno* (Bw Ougo) wapeleke maombi yao kwa Korti Mkuu. Lakini hawa wakili walipeleka kesi kwa Jaji Mkuu na walipopeleke walipewa ruhusa yaani Jaji Mkuu alitupa mbali ile judgment ya Bw Shields. Bw Shields kwa judgment yake alikuwa na sema kwamba Bibi Wambui ndiyo ana haki ya kuzika bwana yake. Na pia alitaja kesi nyingine ambayo ilikuwa sawasawa na hii ya Bw Otieno. Na kutaja hiyo kesi alisema hiko* (hiyo) siyo tofauti sana. Kwa hivo, atabase judgment yake kwa hiyo ambao alitaja. Lakini kwa vile Bw Kwach ambaye alikuwa wakili wa Bw Otieno ... wa Bw Ougo, kwa sababu alipeleka hii kesi kwa korti kubwa walikataza Bi wambui kuzika Bw otieno ..• maiti ya Bw otieno hapo Upper Matasia. Gloss: That which I read here is that when Bw Otieno passed away, his wife Wambui wanted to bury her husband at their farm in Upper Matasia near Nairobi. But Mr. Otieno's brother said that he would not agree to his brother being buried at Upper Matasia. He wanted his brother to be buried at home in Nyalgunga. And this ... Wambui would not agree to these assertions of Bw Ougo. Therefore, she sent her objections to court. And in court, one judge, named Shields, heard the case. Afterwards he said he gave Mrs. Wambui Otieno permission to bury her husband at their farm

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318 in Upper Matasia. When he did this, the lawyers of Bw Ougo sent a petition to the High Court in order to completely overthrow Mr. Shield's judgment and also to petition that Mr. Otieno be buried at home in Nyalgunga. Mr. Shields, in his judgment, said he would not agree at all to permit these lawyers of Mr. Otieno (Mr. Ougo) to send their petition to the High Court. But these lawyers sent the case to the Chief Justice, and when they sent it, they were given permission; that is the Chief Justice threw out the judgement of Mr. Shields. Mr. Shields, in his judgment, said that Mrs. Otieno has the right to bury her husband and also he mentioned another case which was similar to this one concerning Mr. Otieno. Mentioning this case, he said it was not very different. Therefore, he based his judgment on that (the case) which he mentioned. But on the other hand Mr. Kwach who was the lawyer for Mr. Otieno for Mr. Ougo, because he sent this case to the High Court, they prohibited Wambui from burying Mr. Otieno •.. the body of Mr. Otieno there in Upper Matasia.

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BIOGRAPHICAL SKETCH Richard G. McGarry was born on June 9, 1953, in Charlotte, North Carolina. After receiving his BA degree from Wake Forest University, he attended Union Theological Seminary, where he was awarded the Master of Divinity degree in 1978. From 1978-1980, he served as Associate Pastor of the Colonial Heights Presbyterian Church, Kingsport, Tennessee. He was Pastor of the Presbyterian Churches of Banner Elk, North Carolina, and Adjunct Professor of Religion at Lees-McRae College from 1980-1986. He entered the graduate program in Linguistics at the U n iversity of Florida and received the Master of Arts degree and a Certificate of African Area Studies in 1988. 328

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I certify that I have read this study and that in my opinion it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a dissertation for the degree of Doctor of Philosophy. Ha1g \.=ttoussfian, Chair Professor of Linguistics I certify that I have read this study and that in my opinion it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a dissertation for the degree of Doctor of Philosophy. / ~ -:: ~ C 7 ~~ 7t ~ ~ . Chauncey C. Ch Professor of Linguistics I certify that I have read this study and that in my opinion it conforms to acceptable standards of scholarly presentation and is fully adequate, in scop and quality, as a dissertation for the degre e of Doctor of P nilosophy. ~ , j~ ftbert J. Scholes Professor of Communication Processes and Disorders I certify that I have read this study and that in my opinion it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a dissertation for the degree of Doctor of Philosophy. 0n.drll.fr~ Andrea Tyler Assistant Profes~r of Linguistics \_

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I certify that I have read this study and that in my opinion it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a dissertation for the degree of Doctor of Philosophy. :it:u~ Donald E. Williams Professor of Communication Processes and Disorders I certify that I have read this study and that in my opinion it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a dissertation for the degree of Doctor of Philos9fthy. l ( ,f~YJ~ c;)labiyi Ya1 Professor of African and Asian Languages and Literatures This dissertation was submitted to the Graduate Faculty of the Program in Linguistics in the College of Liberal Arts and Sciences and to the Graduate School and was accepted as partial fulfillment of the requirements for ~ he degree of Doctor of Philosophy. December, 1990 Dean, Graduate School

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