Agĩkũyũ - Land Tenure System

Land Tenure System:

The Agĩkũyũ had a very complex land tenure system. Due to the way the community was organized on the social and economic level, most of the land was held by family units (mbarĩ). However individual land ownership was also possible. This came about in the very old days by acquiring hunting and cultivation rights to a piece of land. This was done by pegging a piece of forest and clearing it. As time went on and the amount of forests diminished, land had to be purchased from the neighbouring community of the Ndorobo. Ndorobo were mainly hunters and bee keepers and traded with the Agĩkũyũ, by supplying honey and skins in exchange for grains.

Land thus purchased by an individual was owned by the individual as long as he was not married. On marriage, the land became joint property between him and his wife. The man would clear part of his land for the wife to cultivate. She thus acquired cultivations rights to the piece designated. The overall ownership was retained by the husband. The wife referred to this piece of land as ”my garden” (mũgũnda wakwa), while she referred to the rest of the land as “our land” (githaaka giito). If the husband took a second wife, the same procedure was repeated. No one, except perhaps the husband would encroach on the wives cultivated lands. If a wife needed more land to cultivate, this would be cleared for her. If each of the wives had 2 sons who married 2 wives each, the number of people with cultivation rights would increase to 15. Daughters did not inherit land on their fathers side but played a role where they were married. Daughters would however also use the land before marriage.

With time as the size of the family increased, the land would no longer be able to support all the people. The more prosperous members of the family would move out and purchase land elsewhere. Those with no money would become ahoi or athami, meaning they acquired cultivation and building rights on land belonging to another family unit (mbarĩ).

When the first purchaser died, the land would belong to all the sons of the man, who would all retain their cultivation and building rights on the land. The eldest son would play the role of titular or trustee (mũramati). The mũramati duties were to see that the land was used properly. In case people outside the family group (mbarĩ) wanted to gain cultivating or building rights, he would grant them after consultations with the family. Only in the case where a man had one son would the son inherit the land outright. If a man had many sons, he was no longer alone and would have had to consult them before selling the land. Only if he was a very bad man would he sell the land without consultations, in which case the elders who acted as witnesses to all land transactions would implore on him to think of the welfare of his family.

A mũthami was one given cultivation and building rights on a piece of land belonging to a man or a family group. The land was given on condition that the person would respect the rights of the land owning family and keep peace with them. Further, the mũthami was required to give a calabash or gourd of beer to the mũramati or his representative or the owner whenever he had the occasion to brew beer. He was further obliged to help in case of work of emergency such as building houses or cattle pens. In case of a breach of contract the mũthamis rights were terminated and he was required to vacate the land. The authority to evacuate was vested on the muramati. If the mũthami refused to do so, the matter would be referred to the council of elders who naturally ruled in favour of the mũramati. He was of course given sufficient notice to vacate the land and harvest his crop. There was no rent paid by the mũthami.

A mũhoi was one given only cultivation rights and no building rights. He was only obligated to give beer, when he’d brewed sugar cane beer from the land given to him. Like the mũthami, no rent was charged.

A mũramati if he mismanaged the land for instance and a quarrel arose between him and his juniors, the village council (kiama kĩa Itora) would be called and they would divide, if all reconcillation efforts failed, the land between all the male representatives of the family group. The old mũramati was thus now only responsible for his immediate family and could sell the land and move away and buy the land someplace else if he wished. His kin had the first option in such a case. The other family members could elect another mũramati and carry on as before.

In addition to farm land there was land which was free for anyone in a given district to use. This included, pasture where cattle grazed in common. Salt licks (moonyo), mineral springs (irori), in addition to public spaces called ihaaro reserved for meetings and dances. Public roads and paths (njĩra cia agendi), as well as sacred groves where national sacrifice was offered to Ngai.

When a land sale had taken place, a ceremony was conducted to mark out the boundaries. Only when the agreed sheep and goats had exchanged hands could such a ceremony take place. This was performed by the principle elders of the district. After the ceremony which included the slaughtering of a ram, trees and lilies were planted to mark the new boundary.