According to the natural organisation of the Kikuyu tribe every youth, as he grows up, gradually passes through the various grades of tribal life. He commences as a kihe, an uncircumcised boy, and after circumcision becomes a mwanake, and finally a muthuri. He has to be initiated, step by step, into each grade according to the ritual of the tribe, and payment has to be made for entry into each stage. The procedure and rites with regard to circumcision have been dealt with elsewhere, and we now have to consider entry into the higher grades.
When a father considers that his son is old enough, he agrees to his marriage, and after marriage, when he is the father of a child, he becomes eligible for eldership. When the father thinks the time has come, he provides the son with a goat to present to the council of elders for his initiation into the grade.
The elders cannot refuse to admit him to the lowest grade, and at their next meeting the initiation takes place. The goat is first strangled, and a knife is then driven into its chest and the blood collected in a pot. The senior elders take a sip of the blood, and the candidate also drinks a little.
The following portions of the carcase are then set apart, viz., the ribs, a piece of the meat of a leg called ruhongi, a piece of the small intestine, one of the small stomach, ngorima, and one of liver.
Two athamaki, or full elders of council, take these [210]portions and roast them before a fire; they are then brought to the hut of the candidate and handed over to his wife, or, if he has more than one, to the senior wife, who places them on a kind of shelf, called thegi, near the bed, and they are afterwards eaten by the man. The wife then gives the elders a half gourd, njeli, of gruel and a portion of cooked pigeon pea, njahe. The elders eat a little of this and the remainder is given to the candidate.
This ceremonial meal appears to be in the nature of an oath. The man is then called a muthuri ya mburi imwe, viz., an elder of one goat.
A little later on he presents another goat to the elders and becomes an elder of two goats, muthuri ya mburi igiri; and then again, he presents a third goat and becomes an elder of three goats, muthuri ya imburi itatu. No particular ceremony attends the presenting of the second or third goats.
After a due time has elapsed the man can apply to the senior council to be admitted to that body. As a rule his entry is not refused, but it is said that he cannot demand admittance to this grade without the approval of its elders. He pays a fourth goat as entrance fee, and the same ceremony as for the lower grade elder of one goat is gone through. He then has to pay a fine thenge, or male goat, which counts as two ordinary goats, whereupon the elders reveal to him the secret matters of their grade and instruct him in the procedure of the council. They also invest him with his staff of office, the mithegi, and hand him the bunch of sacred leaves, mutathia (Clausena anisata and also Clausena inaequalis), and he is then a fully fledged elder of council and is called muthuri ya imburi nne or ithano, elder of four or five goats, as the case may be, and is entitled to be called muthamaki, which may be translated as magistrate or judge, or one who is entitled to try cases.
Ordinary elders are allowed to carry a bunch of leaves of mutathia (Clausena inaequalis, also C. [211]anisata), but until they become ukuru, they cannot carry the leaves of muturanguru (Vernonia sp.).
It is now necessary to consider the functions of the various grades. There are two councils, or kiamas: kiama cha kamatimo and kiama cha athamaki. The council whose legal powers are recognised by Government is the kiama cha athamaki.
The following table shows how these councils are composed:
| Name of Councils | Composed of |
| Kiama cha kamatimo | Athuri cha imburi imwe |
| Athuri,, cha,, imburi,, igiri | |
| Athuri,, cha,, imburi,, itatu | |
| Kiama cha athamaki | Athuri,, cha,, imburi,, nne |
| Athuri,, cha,, ithano | |
| Athuri ya ukuru. |
The members of the kiama cha kamatimo have no judicial power; they attend at a meeting of the council but do not sit with the athamaki; they are grouped at some little distance, the word, in fact, meaning those who sit away. This body generally correspond to the kisuka of the A-Kamba.
The kiama cha athamaki actually means those who adjudicate or settle cases. The term athuri ya kiama, elders of council, is generally understood to refer only to the elders of the kiama cha athamaki. The athuri ya ukuru still remain members of the kiama cha athamaki, but when they reach this grade, as years go by, they generally take a less active part in judicial matters, although they are always called upon to settle knotty points of tribal law and custom.
When a man becomes a muthuri ya ukuru he assumes more definite priestly functions, and becomes responsible for the proper conduct of the periodical sacrifices at the sacred trees. When such a sacrifice is made the athuri ya ukuru are alone privileged to eat half of the head and the kidneys of the sacrificed ram.
In the same way when a sheep is brought to the kiama as a judicial fee, it is eaten by the elders present, and the ukuru, if they happen to be there, claim the [212]head and the kidneys, which, according to custom, they pass on to the small boys of the village.
When an elder enters the grade of ukuru he can wear in his ears the flat discs of brass-wire known as ichui.
In former times, one of the duties of the ukuru was to summon the kiama for the discussion of questions of national importance.
The elders of ukuru also decide the date of the circumcision feasts, and other similar questions.
It is also the function of the ukuru of the tribe to settle when the time has arrived for the holding of the great itwika feast, in which the generation changes from Mwangi to Maina, or vice versâ.
As a general rule the athamaki are men advanced in years, but there is no fixed rule as to this; many are middle-aged or younger. Occasionally one may see quite a young man, practically a youth, among the elders. The elders explained this as follows: the election to the muthamaki grade lies entirely with the athamaki; if they see a young man whose prudence and knowledge has impressed them favourably, they may elect him into their grade; further, the family of a muthamaki should always be represented in this grade, and therefore if one dies and leaves no near relation other than a young man, they will elect his son or brother in his place even if he is quite a youth. Such elections are, of course, rare and are only mentioned in case these exceptions should be noticed. They are more frequently found among the A-Kamba, as the ithembo, or sacred places, are inherited from father to son, and the owner of an ithembo must always have his place among the elders of ithembo, who correspond to the athuri ya ukuru among the A-Kikuyu.
If an elder behaves improperly while occupying the position of elder, or commits a serious breach of tribal custom, his fellows threaten to curse him with their staves and sacred plants, and he stands in such awe of this that he will appear before the elders and beg forgiveness, [213]bringing with him a ram or male goat as a sign of his good intent. He will then be ceremonially purified, tahikia.
Initiation into the Ukuru Grade of Elders (Kikuyu).—When a muthuri, or elder, becomes old he generally aspires to a higher grade called the ukuru, but cannot enter it until all his children have been circumcised. Some, however, never become members of the ukuru grade; the consent of the other members of the grade is necessary and they do not approve of a candidate who is not well endowed with worldly goods, or, again, prospective candidates may be considered unlucky.
When an elder wishes to become a muthuri ya ukuru he prepares a supply of beer and invites all the elders of that grade from the surrounding neighbourhood; if they agree to his admission they assemble and ceremonially spit on him. A day is then fixed for the formal initiation, and a larger gathering of elders of various grades assembles.
The candidate has to present formally to the elders of the grade what is called njahe, and at the ceremony at which the writer was present this consisted of:
A bullock and ram were also provided for the guest.
The first thing to be settled was to which elders the various parts of the beasts should be given; this goes by seniority. The head of the bullock went to the senior, two forelegs and chest to the next, the left hind leg to the next, the hide to the next, and the right hind leg to the candidate.
This being decided, the candidate presented each [214]of the most senior elders with a gourd of the different beers and each kind of food. The candidate then presented the principal wife of the senior elder with a gourd of beer and food. The senior elder brought forth a horn of beer, took a sip and spilt a tiny drop into his left breast and then offered it to the candidate who took a sip and ceremonially spat into his left breast. The senior elder’s wife did the same, offering the beer to the candidate’s wife. The food was then divided among the other elders, who gathered round and drank beer. After this, various elders made speeches welcoming the candidate into the grade and prayed to Engai to look favourably on him, his wives being also mentioned with the hope that they might be fruitful.
The animals are then slaughtered, the following portions being selected:
The ngorima is cut out and the end tied up; it is then filled with blood from the ram and bits of meat.
The mromo waiyu, or big stomach of the ram, is filled with bits of meat and fat and tied up.
All these are cooked, and when ready are taken inside the hut of the senior elder and only a chosen few of the ukuru are allowed inside; on this particular occasion only eight were admitted.
The senior elder bites a small piece out of the ram’s heart and spits out a bit to the right and left as an offering to the ngoma, or ancestral spirits, and the [215]candidate does the same. The next senior elder eats the kengeto. The mahuri and ngorima are given to the senior wife of the host by the senior wife of the candidate.
A little honey beer was then brought into the hut, and the candidate was presented with one of the black staves which only elders are allowed to carry, and also the bunch of sacred leaves known as muturanguru (Vernonia sp.). The leaves are tied together with the fibre from the mukeo bush.
The candidate took hold of the staff and the leaves, and the senior elder drank a little sip of the beer and ceremonially spat on the leaves saying “Aroendwo na kiama”—“May you be well liked by the council of elders.” This was a kind of blessing which may be likened to the blessing which accompanies the “laying on of hands.”
The ceremony inside the hut was then over, and all the elders outside indicated its conclusion by taking a sip of beer and spitting a little on to their right breasts. The meat was then divided and cooked, and the company settled down to the feast of meat and beer.
Procedure in Pre-administration Times.—The procedure in former times seems not to have differed greatly from that followed nowadays in regard to the form of trial. It is said that the elders of mburi imwe, igiri and itatu used to sit separately, according to their rank, instead of together as they seem to do now, but it is doubtful if this custom was religiously observed.
The whole procedure was, of course, less organised than at present. There appear to have been no fixed councils or meeting places, which is easily explained by the fact that there were no defined locations. If two men had a case, they each called a few elders, who met to judge the case; others came and joined in, partly out of interest in the affair and partly because the elders, on the whole, delight in litigation. Certain cases became of general interest or may have affected [216]the whole country, and then the council would probably comprise most of the elders from far and wide.
It is certain that the elders could exercise considerable authority when they chose, as already described, but the object of the council was primarily to arbitrate in disputes and to point out the recognised custom to be followed. Where an offence affected the whole community, or when an accused was regarded as an habitual and dangerous offender, public indignation might be so strong that the affair would appear as a public concern, and the elders would then use their full authority. Ordinarily differences between two men, however, were considered to be their own affair, and if a man would not give what was due by custom, the claimant was expected to use force, although in such cases he was held liable for any damage done in using such means. The elders were, however, always able to enforce a judgment by cursing an accused found guilty if he refused to obey the judgment against him, but probably this was only done in very serious cases where public feeling ran high. Hence, probably, the many ancient feuds and the intense desire to increase the strength of the family. Had public authority been very strong and efficient this would not have been considered of such importance.
The presumption that the elders were regarded more in the light of arbitrators than judges is strongly supported by the fact that even to-day some elders appear to be adverse to deciding questions of fact. The mere appearance of a defendant before the council would seem to have implied his liability; even now it is difficult at times to induce a native to appear before either the council or a court if he maintains that the charge is entirely groundless or false.
Present-Day Procedure.—In each locality there is a gazetted council, or kiama, which meets at the council house situated near the headman’s village; a special flag is hoisted to tell the people that there is a meeting. Until now the kiama has met whenever [217]there has been a case to try, but this has proved a great evil, as a few elders are hastily collected and the large majority object to going to the councils too frequently. The councils have therefore mostly been composed of elders living in the vicinity of the chief’s village. It is now arranged that the meetings shall, if possible, be on fixed days, and not more than three or four times a month, and the improvement in consequence has been most marked.
The athamaki for each locality are now registered, and it has been agreed that at each meeting at least half, or in large localities, one quarter, of their number must be present. Hitherto it has been customary for the headman to summon the defendants through his askaris, or retainers, but now that each elder has been entrusted with the charge of a certain number of huts, it has been agreed that the parties shall in the first instance be summoned by their respective athamaki. (In S. Kikuyu each muthamaki will have, on an average, twenty-five huts under his charge.)
As a general rule the elders prefer to sit outside the council house; this is a good rule, as it ensures publicity to the proceedings, and publicity is also the object of native law. The athamaki sit in front and the other elders, the kamatimo, behind; only women and anake, or young unmarried men, are barred from sitting on the general council.
The fee paid to the elders varies greatly according to the means of the parties and the matter in dispute. It would be advisable to see a fixed fee instituted, but the elders should make this change of their own accord. When the parties appear, they come before the elders of athamaki in turn and state their cases; the plaintiff as a rule begins. Witnesses are sometimes called, but the parties repeatedly appear before the athamaki to contradict or correct the opponents’ statements. The elders generally keep count of the articles in dispute by breaking twigs; if, as is usual, part of the claim is [218]admitted, the twigs representing what is admitted are put aside.
Having heard all that the parties have to say the elders of athamaki then retire alone to discuss the question and settle it (this conference is called ndundu). They do not, however, all go, and any elders who are relatives of the parties are excluded; this is, of course, very equitable. The gazetted headmen never appear to go with these elders, but are sometimes called and consulted by them. The discussion between the elders is conducted so that it is not heard by anyone else; they are hardly ever known to break up without coming to an agreement. Having decided what it is to be, they break twigs representing the amount to be paid or any imprisonment imposed. One of them repeats what each twig represents, while the rest give their assent in chorus. Two of the senior members then stand up and invoke poverty, sickness, and calamity upon those who disobey their orders, and to this the rest again assent in chorus. After this, all beat their sticks on the ground, repeating much the same phrases, and finally they bring their staves together on the ground, so that the points meet, while they give a peculiar sort of whoop indicating that they have agreed. They then return to the general council, and one of the most senior among them, carrying the twigs, asks in varying terms if they have agreed, to which they assent in chorus. The elders then state what each twig represents, and finally throws his staff or club on the earth.
One case was recently witnessed in which the elders came to a decision without adjourning at all. As a general rule they are loth to decide facts, and if such are in dispute, or either party appears to be lying, the decision will simply be that both parties must take the oath of muma. The investigation is generally most searching; if the subject is some hurt done they will not be satisfied until they have examined and probed the wounds. No questions are asked as to dates and time, these being considered of minor importance. [219]
The elders will not recognise that a claim has been paid unless it was made good before a kiama, and this is the only proof that it was paid. Natives will therefore not pay debts out of court, as it were, and this principle is often erroneously taken to mean that they will not pay debts at all unless forced to. If the council imposes a fine, it is paid to the Government. In almost all cases, however, a goat or two must be paid to the elders, who are allowed to keep them on the understanding that such fines must be consumed by them.
As was previously mentioned, in former times many of the judgments were not executed until force was used by the plaintiff and his kin.
The fear of revenge must, indeed, have been the chief preventative of crime, as it has been at all times before the State became the public avenger. Mere compensation could certainly not have acted as a deterrent to crime any more than it could to-day. We have therefore, in reinstituting the settlement of crimes by payment of compensation only, not made adequate provision for the prevention of crime, nor have we been able to revive fully the old native organisation by leaving out the fear of private revenge.
The councils are, it is believed, gradually realising that crime will not be effectually checked by awards of compensation only; the right of private revenge has been abolished. It would therefore seem that the infliction of imprisonment by councils is at times a necessity if peace and good order is to prevail, but stringent supervision by Government will, of course, be necessary for a long time to come.
Constitution and Working of Councils among the A-Kamba of Kitui.—The male Mu-Kamba from birth to death passes through most of the following grades:
Kana.—(a) Kahengi, an unweaned child; (b) Kabisi, a weaned child able to walk. The generic name is, however, kana. These distinctions would [220]really only amount to our describing children as being in long clothes or short.
Kivizi or Kivisi.—A boy old enough to herd goats, but who has not been circumcised.
Kamwana.—A circumcised boy who is old enough to dance at ngomas, but not reached the age of puberty.
Mwanake (plural—Anake).—A young man who has reached the age of puberty, dances at ngomas, and has joined the warrior class. He may be married and have children.
Nthele (plural—Anthele).—A married man with children who has ceased to dance at ngomas. He pays a fee of one to three goats to the anthele on being promoted from the anake grade, part of the meat going to the anthele and part to the anake. It is said that an oath, kithito, has to be taken with the blood. A mwanake may be of any age and must remain in that group until he has been admitted among the anthele.
Ngila.—This does not appear to be a regular grade, but is merely a war title. No initiation seems to be necessary. An ngila is one of the advanced guard in war, and his portion of meat is the lower part of the leg. It does not seem necessary that he should be even an nthele.
Mwamba in Kitui, and Kiauu in Machakos, is also a war title. The bearer forms part of the rear-guard, whose duty it is to keep off the enemy while the ngila escape with the booty. His portion is the rump and upper part of the leg.
An nthele next enters the grade of atumia ya kisuka, elders of kisuka, and has to pay ten goats. As a matter of fact they generally pay one bullock, which is the recognised equivalent, but the fee is always quoted in goats, the A-Kamba probably having nothing but goats when the procedure was evolved. The fee is divided among the members of the kisuka and the elders of nzama, which is the next higher grade.
Although a man enters this grade, it must not be inferred that the kisuka is a council which still exists. [221]The duty of the elders of kisuka is to deal with a kin͠gnoli palaver; that is to say, the communal execution of a person who has been proved to their satisfaction to have killed a number of people by witchcraft, poison and so forth. The practice corresponds in a measure to the stoning of Stephen by the people described in Acts vii. 57–60. The people undoubtedly looked upon this man as a strange and harmful magician, and their point of view is quite comprehensible.
They also assembled on the occasion of a Masai raid to draw up a plan of campaign, another of their functions being to arrange a peace palaver in case of serious internal fighting. The grade takes its name from the meat they ate on the occasion of such meetings.
The next grade is mutumia ya nzama (plural, atumia ya nzama), elders of the nzama, and for the privilege of entering this grade a man has to pay one bullock and ten goats. Its members are the arbiters of private disputes, the assessors of damages, and the witnesses of the payment of bridal price and ordinary debts, and are thus the archives of the tribe and the registrars of transactions. A man enters this grade by invitation of the members of the council, and must have proved himself a man of sound judgment. His age does not matter, but he must be married and a father to be eligible either as a member of the council of the anthele or of the nzama. At a feast the portion of meat allotted to him is the head, the back, and, if a bullock is killed, the rump.
The next, or final grade, is that of atumia ya ithembo, elders of ithembo, often just referred to as ithembo, to which there is no specific entrance fee, as the selection is made by the other elders of the grade. The candidate, however, invariably makes a present to the other elders after his election, as a compliment for the honour done him, the usual payment, according to the statement of one elder, being four goats. [222]
The bullock which an elder has to pay to enter the grade of nzama is also said not to be a fee but a thank-offering to the elders for his election. The atumia ya ithembo claim the tail as their portion of a feast. Their duties are mainly sacerdotal; they arrange and carry out the sacrifices at the ithembo, or sacred place, in times of drought, pestilence, planting of crops, and they are responsible for the proper carrying out of burial customs and village offerings to the spirits. In times of national crisis their advice is sought, but they do not ordinarily sit and hear cases dealing with private disputes.
The rise of a Kamba native from one social grade to another depends:
When a case is brought before the council of elders, nzama, any of the male population can be present, but can only listen to the evidence and cannot interfere in the proceedings.
The evidence is generally taken by one man on behalf of the council; he conducts the examination and cross-examines, and if other members of the court wish to put questions, it is generally done through the presiding elder.
The Government Chief, or Gazetted Headman, who is really foreign to the organisation, does not generally sit with the nzama; he sits apart.
The nzama is really a court for the settlement of questions of law or custom.
Should the evidence on matters of fact differ materially, the only way, with the exception of very obvious cases, is for the litigants to take the native oath (kula kithito), which is supposed to bring most dire consequences on the perjurer. A litigant who [223]refuses to take the oath is out of court, and judgment goes against him. The results of the oath are supposed to take effect within six months or a year, and should the litigant who has taken the oath survive the period, the case is given in his favour. Only one party and his witnesses are allowed to take the oath.
As cattle are generally involved in the case, the cattle in dispute are generally placed with some respected headman or elder until the effects of the oath are known.
The elders of the nzama retire to consider their verdict, and no members of the tribe below that rank are admitted to the consultation.
The council generally sits in a circle.
The Government Chief has in recent years assumed the duty of Executive Officer to carry out the judgment of the nzama, and in many cases in Ukamba has, at times, arrogated to himself a certain amount of revisionary power.
Disputes between members of the same family rarely come before the council, but are settled by the head of the family.
Enforcement of Orders of the Council.—Formerly obedience would be enforced by any sentence, up to that of a death penalty. At the present day obedience has in some cases to be enforced by Government.
The successful litigant could enforce the payment awarded by court by seizing the defendant or members of his family.
In connection with this inquiry it is of some interest to analyse the functions of two special grades of elders among the Kamba, i.e., atumia ya makwa (elders of makwa) and atumia ya ukuu (elders of ukuu).
It must first of all be clearly understood that these titles have no connection with the ranks of atumia ya nzama (elders of council) in whose hands the judicial functions are vested. The members of the highest [224]grade of this rank are termed the atumia ya ithembo (elders of the shrine), both of these ranks being part of the natural career of the head of a family of any standing in the tribe. The elders of makwa and ukuu are, however, more comparable to positions which are attained by successful medical specialists. A man may become one or the other, or he may be both. Of the two branches the elders of ukuu are considered the more important; on the other hand, it is said to be more difficult to become a successful elder of makwa.
These branches of practice must not be confused with the profession of medicine man, which is quite distinct. A man can only become a medicine man if he is in direct communication with the aiimu, or ancestral spirits.
The function of a mutumia ma makwa (elder of makwa) is to avert the evil consequences of the incidence of a thabu or makwa; the functions of a mutumia ma ukuu is to ward off death itself.
The former uses ceremonial and lustrates by means of various herbs, from which he concocts the ng͠nondu or purifying reagents.
The latter (ukuu) uses spells which have a magical value only, and gives directions.
The qualification which enables a man to become a mutumia ma makwa (elder of makwa) is that one of his wives shall have died under circumstances which may leave a curse or thabu. He must then at once consult an elder of makwa, who performs certain purification ceremonies. If these are not performed the children of the deceased will become afflicted with thabu or makwa. If the ceremonies are successful the husband is considered to be initiated as an elder of makwa; if, however, he wishes to practise the art, he must set to work to obtain experience, as the ceremonial necessary to cure the many forms of makwa is very varied, and a wide knowledge of the various herbs employed is necessary.
In the case of a mutumia ma ukuu (elder of [225]ukuu) the necessary qualification is a series of deaths in the family within a short period. He can then go to another elder of ukuu, pay fees and be initiated in the secrets of the art—the fee is usually one or two bullocks; his duties are to remove the curse due to murders, accidental deaths, and remove the curse of death from a family which has been afflicted by an unusual number of deaths. He does not perform purification ceremonial, but lays down certain procedure which has to be followed by the applicant. He may be compared to the consulting physician who gives certain advice, such as a particular diet, and leaves the patient to follow it or not as he likes. The prescription sometimes, for instance, takes the form of a direction to have conjugal intercourse at a particular season.
The final degree which he reaches in old age is called mutumia ma ithembo (elder of the shrine), and his duty then is to offer the sacrifices at the sacred grove or ithembo. Among the Kamba tribe the members of this grade take but little part in the affairs of the tribe, but in Kikuyu the athuri ya ukuu form a tribal court of appeal (the word ukuu in Kikuyu has a different significance from ukuu in Ukamba and merely means “great or senior”).
If an elder of ithembo becomes so old as to fall into his dotage, and has a son who is qualified to take his place, the son is often elected in his stead.
If, however, a mutumia ma nzama (elder of council) is married to a wife who is a magician, and who can instruct him in certain matters connected with the ritual of the shrine, he can approach much nearer to the sacred grove than the ordinary elder of nzama, but cannot actually go up to the place of sacrifice—the elders of ithembo only being privileged to do so.
Elders of ithembo are very few in number; there are rarely more than two for each grove. The above practice is prevalent among the Kamba of Ulu. The Kitui customs may possibly vary somewhat.
The author is greatly indebted to the late Hon. K. [226]Dundas for assistance in making these matters clear.
Curse for Disobedience to a Judgment by the Court of Elders.—In connection with the history of the operation of the thahu in Kikuyu one point is worthy of notice. If a person has been one of the parties in a suit before the kiama, or council of elders, and refuses to pay the necessary compensation, the elders can lay a curse or thahu on him. The procedure is as follows: they assemble at one of their recognised meeting places and then mass together, beating their long staves on the ground in unison, calling out, “We curse you on the mithegi; the person who disobeys the order of the kiama shall be cursed.” Mithegi is the name of the staves carried by old men, the name coming from the wood they are made of. No elder goes to a council without his staff. The offender need not be present, but it is believed that the curse forthwith begins to take effect.
To remove the curse the offender then goes to the elders and begs to be allowed to pay the amount of the judgment. This is done, and in addition he brings a sheep; the elders then say, “Go back home, bring some beer, and the day after to-morrow we will come and spit on you.” They assemble at his village on the appointed day and the offender gives another sheep, which is killed outside the gate of the village; the purpose of this is to purify the village, ku-thirura muchi, and the meat is carried round the confines of the huts. The elders then each take a little of the sheep’s fat and rub it on their staves, saying, “We are glad that the man who defied our orders has now obeyed it; we cursed him through our mithegi, but we now smear our mithegi with fat, as a sign that we and our mithegi are glad, and there is now nothing to be feared, for we have come to cleanse you and your village from evil.” The elders then assemble in a circle with the man and his family in the middle, and one of the elders anoints the tongue of each individual of the family with [227]a spot of ira, or white earth, and the elders then ceremonially spit on the offender and each of his family, and depart.
The same belief occurs in Ukamba, and the nzama, or council of elders, can inflict a curse upon a man for disregard of its orders; if he is still recalcitrant it is said to be potent enough to kill him and all the people of his village in a short time. The elders impose this curse, called kutuu, by all clapping their hands together. The effect of the curse can be averted if the man obeys and the elders forgive him; as in Kikuyu, however, he has to pay a fee of a goat, and the elders assemble and ceremonially spit on the culprit to neutralise the curse. The removal of this curse is called ka-athimwa or ka-musia by the A-Kamba.
Sometimes, however, in Kikuyu a defiant tribesman was beaten with staves, or his village was burnt, and in extreme cases he was ordered to be killed and his property was confiscated. If he was executed by judicial order, he had to be killed by his blood kin, so that no claim for blood money should lie. The procedure consists either in strangling the culprit with a rope, choking him by clasping his throat kuita, or killing him by blows delivered with the handle of an axe.
It was also considered right to drive a man out of his tribe if he proved himself an undesirable; this may be done even now, in which case he is allowed to take his property with him.
Summary.—The preceding review of the organisation of the councils of elders, and the functions exercised by them, show how, in the first place, the elders are merely administrators of tribal law or arbiters as to what is right and proper according to the tribal code; secondly, how they eventually acquire a sacerdotal position. The memories of the elders are also the archives of the tribe as well as the unwritten records of tribal law and tribal observances. If a debt of any importance is paid, it is generally done in the presence [228]of one or more elders, and the matter is then settled without the necessity of any receipt or quittance.
It is sometimes assumed by reformers that the elders are nothing more than useless encumbrances, and every district officer wishes they were more progressive. They certainly have their faults, and in some tribes the faults almost overshadow the more useful qualities. On the other hand, we may be rather over anxious to push things along, and we are apt to expect a tribe to jump into a higher cultural plane in too short a time. We forget too easily that reform must come from within, and that the inner consciousness of a tribe changes slowly. A veneer applied on the surface is always thin, and is unlikely to wear.
To illustrate this organisation it may be interesting to refer to the account of the Druids of Britain, about 55 B.C., left to us by Cæsar; these functionaries apparently performed very much the same duties as those of the present-day elders of the ithembo in Kikuyu and Ukamba; in the case of these tribes, however, the line between ordinary people and the priestly caste does not seem to be as sharply marked as it was in Britain. Cæsar in Bell. Gall. vi. 13–14 writes as follows:
“Among the Celts there are only two classes held in consideration and honour, the Knights (equites) and the Druids. The latter are concerned with all things divine, manage the public and private sacrifices, interpret sacred omens and religious scruples. (N.B.—This is identical with the duties of the athuri ya ukuru as regards thahu, etc.). For they make decisions on almost all disputes, both private and public, and if a crime is committed, e.g., a murder, or if a lawsuit arises concerning heritages or disputed boundaries, it is they who give judgment. They name the compensation and assess the penalty, and if any private person will not accept their award they interdict him from taking part in the sacrifice. This is the heaviest punishment they can impose. Persons thus placed under interdict are held impious and accursed; men quit their company [229]and avoid meeting them or speaking to them lest they may come to harm from the contagion of the wicked.”
All this has a peculiarly African flavour, and with slight amendment might refer to the constitution of a modern African tribe on the same level of civilisation as the Kikuyu or Kamba people. [230]