Agĩkũyũ - The Law

The Law:

Every household head, the man of the house acted as the first instance in disputes arising around his homestead. If there was a big dispute, then he called on heads of the family within his family unit, mbarĩ. If this failed then it was time to move to the highest court of the land.

The highest court of the land consisted of the elders of three stages, junior elders called kiama kĩa kamatimo, who were mainly there as trainees of law and had such functions as to fetch firewood and water and light fires. They could not yet judge a case. The next council of elders kiama kĩa mataathi were the main judges. Other than that there was a council of elders called kiama kĩa maturanguru who were the eldest and most experienced and were called upon to assist in intricate parts of the law. A man entered this council when practically all his children were circumcised and his wife or wives were past child bearing age.

Cases brought before the council of elders were heard in the meeting space also known as kĩhaaro. The elders heard from both parties. In making a case the concerned parties would use twigs given to the elders after each concrete complaint was made. After the arguments were made, an open session followed in which elders expressed their opinions for or against either party. At the end of this a special committee, ndundu, was formed that would deliver judgement. This retired to a place where no one could here their deliberations and only came out when a decision was reached. An appeal was possible if one of the parties didn’t agree with the ruling.

Oaths played a significant part in the judicial process. Fear of breaking the oath and the misfortunes that would befall one prevented people from giving false testimonies, as well as brought defenders to justice by means of a guilty conscience and confession. Curses acted as good deterrents against crime. Most cases heard by the kiama involved debts resulting from transactions of sheep, goats or cattle, exchanged in buying land or paying marriage insurances (rũracio). There were also a few criminal cases involving murder, trespass, assault, theft and witchcraft. The last two were the worst crimes. Theft for first time offenders was not serious but perpetual offenders would face death just like proven witchdoctors.

Fees to the council was a ram. Beer would also have to be brewed and offered when a case was being opened. Interestingly for murder cases the compensation for a mans life and a womans life varied greatly. The loss of a mans life was fixed at one hundred sheep or goats or ten cows. That of a womans life was fixed at thirty sheep or goats or three cows.