MEET THE TRADITIONAL JUSTICE SYSTEM OF WARABAI COMMUNITY IN KENYA

Elders convey to give a ruling during a past court session. Photos by Anthony Mwachiro

At a distance, one might wonder what is happening or even mistake the gathering for a burial ceremony. But the presence of many sticks of different types at a certain corner with everyone’s shoes taken off, the confusion continues, especially if one is seeing these for the first time.

This is always the scenario in Mwembe wa marunga, a place located near the Rabai kaya forest where the custodian of the Rabai community culture gather to tackle problems arising from their community.

In Rabai, despite the increased modernization, Kaya elders are still stuck to their traditions in instilling displine and order among community members. The Rabai people still punish custom-law breakers in the village by imposing fines to compensate for wrongs committed, and also for counseling. This system, according to this community, has been found adequate to their needs.

According to Mzee Bembaita Mrisa, the cases they have been handling include domestic issues, adultery, land problems, witchcraft related issues among other arising matters that require elders’ attention.

Previously, each of the three locations occupied by Rabai community in the sub county had its own place of dealing with these cases among them Mwembe wa  Nzala chache at Ruruma, Mwembe Marunga at Rabai, and Pweho ya Mwawesa near Chang’ombe.

In 1924, the British Government, without consulting the area elders built, a court at Shikadabu which was meant to be used as an African (Native) court dealing with customary law cases previously dealt by the Kaya, or clan elders in the villages.

Kaya elders arriving at Mwembe wa marunga in Rabai

The court structure which has become historical is under the management of the Rabai museum and according to the curator, William Tsaka, during the old days some well-known elders who had previously been dealing with customary cases were selected by the chiefs to work as local African court elders.

However, the system proved to be working well with the whole system was under the guidance and supervision of the then colonial government.

“The name Shikadabu was symbolic to the logic that whenever one was taken to the native court and proven guilty; he or she could be punished severely to correct his/her misbehaviour,” reveals Tsaka.

The curator noted that the court played a key role in creating sanity among the community, adding that cases of witchcraft were only discussed by elders and those who were found guilty were fined.

Tsaka admits that historically, and so is the case up to now, those who are involved in the misunderstanding could appear before the parliament to discuss the issue and in case one could be proven guilty, they’d be fined heavily by the elders.

According to the elders this fine normally depends on the situation then e.g payment of certain animals or excommunication from the clan or village.

Tsaka notes that the court, despite the continued existence, the structure was abandoned as the local community found it insufficient after independence. He adds, “the fines were generally small and the traditional court places were an inconvenience to non-Rabai court system.”

Currently the structure that used to be the judge's office during the colonial period now act as Rabai Assistant commissioner’s office.

Former british court at shika adabu in Rabai, which was abandoned after independence. The structure has become a meeting place to youth and women groups in the area.

However, Kaya elders in Rabai are optimistic that the traditional court is the only tool that can be used to address the decline on cultural values and create peace and security.

According to Mzee Garero, cases of increased assassination for allegation of witchcraft in Rabai are low compared to other areas of Kilifi County as they have been finding a solution at the local level, adding that such cases are difficult to solve at the normal court system in Kenya.

“This system has been of benefit to our community and both arms of government are aware of our presence every Monday at Mwembe wa Marunga and Wednesdays at Mwembe wa Nzala Chache, solving cases forwarded by area residents,” reveals the elder, who also acts as the secretary.

He expressed confidence that all who appear before the elders congregation were abound to fair judgment adding that it is hard for the process to be interfered with, as no specific person makes a decision after both parties are given an equal chance to present their grievances before the elders.

Garero notes that all elders take the responsibility of cross examining both parties with their witness before a verdict is given.

These sentiments are echoed by Bimbita Mgalla, a resident of Mwatsama in Rabai, who reveals that he has forwarded over 10 cases before the elders which were resolved.

“At this time, I have other case between my brother and our grandson accusing each other of adultery. I decided to bring this matter to the attention of our Kaya elders and am confident of fair judgment,” he confidently says.

complainant (Bimbita Mgalla) (center right) giving his opinion in a past court session.

According to Mgalla, many locals have opted for the traditional court due to its convenience and small amount of fine; and also the little time used to settle the cases compared to modern court system where a case can take over a year.

According to another Mzee Joha Magongo Tsuma, the court can solve about 5 cases in a day depending with the availability of all witnesses, though a case can take a single day to restore peace among the parties.

However, despite the good job, these kaya elders are forced to operate with challenges as no money is used to file the cases, and the fines imposed are not in monetary terms.

Mzee Mrisa reveals that there was no specific amount for an offense adding that one can be fine up to 100 shillings which can hardly facilitate the elders in their operations of the cultural activities.

“We are over 20 elders from different parts of the sub county and we need to keep records of all the cases and there are some that we seek the attention of the modern court system at Kaloleni where we testify,” he explains to us.

According to him, there is need to have all Kaya elders included in the payment system of elders above 65 years to enable them execute their cultural mandate smoothly.

End

HUMAN WILD LIFE CONFLICT FORCE FARMERS TO TREE FARMING

KEFRI forester Geofrey Kimani educating locals on the best commercial trees that can grow well in Kwale county during a field day at Maphombe . Photos by Anthony Mwachiro

It’s the joy of every farmer to smile all the way to bank after harvesting and sell of his/her produce after a long wait in preparing the crops from cultivation, planting to maturity.

However this might not be the same story to many people bordering game reserves and national parks in the county as cases of wild animals destroying crops are almost normal in each planting season.

In Kwale County, farmers are now strategizing and are now venturing to commercial tree farming as an alternative to crop farming.

Speaking in Msambweni during a field day organized by Kenya forest research institute (KEFRI) to sensitize locals on importance on venturing into tree farming as a commercial venture at Maphombe in Mivumoni location, farmers raised concern over the limited space.

Speaking to Kilifian at the sideline of the event, Rashid Ali, the senior village chairperson at Mivumoni location, raised concern over the importance of ensuring that human wild life conflict is arrested in the county to boost food security.

“I believe tree farming is a great deal as a substitute to planting food crops which some time are destroyed, however there is need to sensitize the locals on how to properly invest in this venture as well as plant other crops in the same piece of land.” He noted.

According to the farmers, trees are beneficial after a long period of time and there was need to have the locals have other alternative for the ever biting hunger.

Ali admitted that tree planting has now been a venture that had been adopted worldwide and stressed on the need to have proper structures to have all locals in the county practice without interfering with their normal crop firming activities.

The senior village chairperson up lauded the effort by KEFRI officers in instilling education on the best tree species of trees that are productive in the area and have great potential in the market.

According to statistics at KEFRI about 34 hectors have been covered with trees in Kwale County between 2012 and 2013 through funding from the Kenya Coast Development Programme (KCDP).

Bakari Hamza prunning a casaurina tree during a field day

 

Sources revealed that the programme was meant to improve the ground cover in coast region as part of the government’s policy to have 10 percent ground cover in the county.

Addressing farmers during a field day held at Bakari Hamza’s firm foresters from coast’s KEFRI in Gede noted that there was need to have farmers’ plant more than one tree type to avoid total loss in case of fall in price on the market or even disease outbreak.

Led by Geoffrey Kimani revealed that Kwale County despite many farmers having embraced casuarinas tree, other species had great potential in the area.

“Our researches have found that we have other types of trees that you can plant in this area among them Melia Volkensii (Mukau), Mvule, casuarinas, mwarubaini and other indigenous trees need to be planted.” Adviced the forester.

Similar sentiments were echoed Phelister Riziki, a forester, who called on the need to have farmers prune their trees to enable them reap maximum benefits particularly those aiming to produce timber.

“not necessary for one to plant trees on the whole firm but the fact that land has become scarce one can plant on their boundaries which despite acting as fence will give you benefit in the near future.” She revealed.

Riziki revealed to Kilifian that about 68 farmers have ventured into commercial tree farming with farmers in Shimba hills mostly planting Tectona grandis, Lunga lunga planting more Melina aborea and in Mivumoni where over 50 percent of the farmers are found have been planting other species among them Melia, Casuarinas among indigenous trees.

Officials in the forest research institute, stress on the need to have locals living in dry lands to invest in low risk activities that are adoptable to climatic conditions in the area.

Melia Volkensii (Mukau)

Research information leaflet at KEFRI dubbed, “Investing in trees”, by Akula Mwamburi and Josephine Musyoki, reveal that high value trees are a sound investment in dry lands and can act as financial reserve to be used in times of need.

Research reveal that Melia (Mukau)which is an indigenous tree found in arid and semi arid areas of Kenya, and other parts of Ethiopia, Somalia and Tanzania, has high timber value.

“The timber is close grained, termite resistant and mostly used for making high value furniture, window and door frames, rafters and poles” says the leaflet.

The Kenya forest research institute under the sponsorship of KCDP is implementing a program that aimed are improving the environment in coast region with officials insisting on the importance of providing technical and business information on tree planting intended for business minded dry land agricultural entrepreneurs.

Among the crop that is promoted in this project is Mukau which according to the officials at KEFRI, the tree can be harvested at the age between 12-15 years.

According to the Investing in Trees, document, a hector of Mukau has an average 250 high quality trees at maturity and about 3 million can be raised a single hector.

It also reveal that spacing should be 5m apart and can be intercropped with other crops, however they warn that, “the crop is sensitive to shade and should not be intercropped with tall crops like maize in the first season after planting it (Mukau).

Mukau is a growing fast tree and can grow to a hieight of 1.4 m in one year hence possible for intercropping after one year.

Seeds

Forester at warn farmers against buying of seeds and seedlings that might not fit the required standards.

According to Kimani, there was need for farmers to get seeds from only certified agents among them Kenya forests services and KEFRI among other farmers trained by other government stakeholders.

“With such seeds and seedlings you are assured of disease free and have the best of the same. While you select seeds from trees in your firms it’s advisable not to take seeds from trees in a row but pick randomly as some might have been affected.” Noted the forester.

KEFRI's disemination officer, Grace Njenga, distributing prunning equipments to farmers

At the same time framers in the area raised their concern over destruction of their seedlings by livestock in the area particularly goats.

However, Athman Ali Mfunga, an assistant chief at Mivumoni, called on livestock farmers to take care of their animals and warned them of strong penalty in accordance of the law when found guilty of destroying others firm produce.

“We have been involving all the locals in sensitization meetings on the importance of living peaceful in our area and such acts can result to conflict. We call upon livestock farmers to respect others land and ask for permission before grazing.” Said the administrator.

However Christine Musyoki, a farmer at Shimba hills, thanked the cooperation between all stakeholders in ensuring that the project by KCDP through KEFRI in aiming to improve the locals livelihood after crop firming proving to be a hard task due to destruction from wild animal.

According to her, idea of teaching farmers how to maintain the trees and giving them pruning equipments was a great recommended as not all farmers could afford to buy the pruning saw and secateurs.

End