Mijikenda Kaya elders set by-laws to support traditional courts
Mijikenda elders during a past event.
Mijikenda Kaya elders have come up with by-laws to support traditional court processes.
The by-laws are set to be presented to the Kilifi County Assembly in the next two months for debate and possible approval.
This comes a month after the official launch of the traditional court at Magarini Cultural Centre in Magarini Sub County.
Speaking in Kilifi, Mijikenda Association of Kaya Elders Coordinator Tsuma Nzai said the by-laws are derived from issues that mostly affect the community in day to day life.
“We have looked at those issues that have been oppressing the community every day and will never find a lasting solution in the court of law and which can be solved at a community level,” he said.
Mr Nzai said the 10 by-laws that will be presented to the county assembly will ensure disputes are settled so that families can uphold Mijikenda values for there to be peace and development.
These by-laws will cover community set-up, marriage, health, agriculture, land, security, business, culture and traditions and improving infrastructure.
To address land disputes, the elders want all the boundary matters settled and title deeds issued as proof of ownership. They also want the sale of land done in a legal and controlled way.
“Majority of the natives are squatters on their land because they do not have title deeds that can be presented during any land transaction," said Mr Nzai.
The law on environment will see the community directly involved in protecting natural forests and other resources in the region against degradation and encroachment.
The sacred Kaya forests of the Mijikenda community have been recognised as World Heritage sites and are being conserved by the elders.
The elders want to restore the culture and traditions abandoned by the young generation, and which has led to many unstable and broken marriages being witnessed currently.
“We want couples to observe the rules in traditional marriage, starting from courtship, to preserve their marriages,” said Mr Nzai.
The laws will also address adultery and fornication.
The elders want the government to recognise traditional medicine practitioners who will be licensed and allowed to offer treatment to the public.
On agriculture, the elders also want to be allowed to discuss seeds given to farmers.
“There are a lot of seeds and planting materials that are being introduced to farmers and every time we follow up, we are informed that the government has approved," he said.
The elders also want to strengthen and improve Mijikenda culture and traditions, which they say have been overtaken by religion.
He said the traditional court process will be conducted from the chief’s level before being forwarded to the main traditional court for a final ruling.
However, any parties who will be dissatisfied with the court’s decision will be at liberty to move to the formal courts of law.
The traditional court will also have two lawyers who will guide and advise the elders on how to handle matters.
Currently, the elders are recruiting officials who will be stationed at the chief’s offices to help solve disputes.
The exercise will also help to weed out fake Kaya elders who purport to be representing other elders in meetings and events.
“There are elders who are putting on Mijikenda traditional attire claiming to be Kaya elders. We want to recognise the wise men who will be judges in our traditional process of administering justice and solving justice,” he added.
Already, 80 elders have been identified. They will be trained on the Constitution and laws of Kenya.
According to Mr Nzai, the current dispute resolution mechanisms lack transparency, hindering justice delivery.
Since the launch in September, the traditional court has handled five cases of marriage, land dispute, witchcraft allegations and family disputes.
