The age-old contest between African beliefs and Western culture will be played out at the High Court to decide whether or not an errant advocate should face a dreaded traditional oath.
A judge will decide who between Meru Town lawyer Kirimi Mbogo and the Igembe chairperson of the Njuri Ncheke, the traditional court of elders — and its members — will have their way.
Mr Mbogo has moved to the High Court to stop Njuri Ncheke elders in Igembe district from administering the dreaded Ameru traditional oath known as ‘Kithiri’, against him.
He obtained an injunction prohibiting Mzee Zacharia Mwereria, the Igembe Njuri Ncheke chairperson and his officials from convening or participating in any forum, designed to administer ‘Kithiri’ oath against the advocate.
Mzee Mwereria approached other Njuri Ncheke officials seeking their assistance to administer the oath to the lawyer over allegations that the lawyer owes him money.
Njuri Ncheke chairperson Paul M’Ethingia says he had authorised the oathing ceremony after listening to both parties.
“He (Mzee Mwereria) came to us and said the lawyer owes him money and has refused to pay back. We then called Mr Mbogo and asked him whether the allegations were true and he admitted promising to repay the money,” said Mzee M’Ethingia on phone.
Mzee M’Ethingia says the cursed person could die. He says the oath was used by the Ameru as a means of resolving land disputes or where a person had lent out money without any witnesses. “The oath has been used by the community since time immemorial.
If you were guilty, you would die or face something terrible in your life. But if you are innocent, the oath does not affect you,” Mzee M’Ethingia said.
Mr Mbogo, in his sworn affidavit says that “Kithiri ” oath is repugnant and is believed among the Ameru people to cause multiple deaths and other calamities to intended victims, their immediate families and entire lineage.
He however says he is not afraid of the oath but claims it has been overtaken by times and should not be used in modern times.
Mr Mbogo, who himself is the Organising Secretary of a splinter Njuri Ncheke group, claims that the oath has been used to suppress the poor since the elders demand payment of a huge he-goat to carry out the ceremony.
“I want to have the ceremony declared unconstitutional. I want to clean up the system so that the poor people who cannot challenge it can benefit,” he said on the phone on Friday.
Through lawyer Ken Muriuki, Mr Mbogo says the oath is an archaic remnant of a traditional judicial system formerly used by the Ameru people to resolve complex disputes. He contends that the ‘Kithiri ’ oath is satanic and founded on black magic and hence is repugnant to his Christian faith and beliefs.
Njuri Ncheke secretary-general Phares Rutere defends the case saying it is an alternative dispute resolution mechanism especially when the aggrieved party does not have documentary evidence to sustain a case in a court of law.
However, Mr Mbogo insists that the matter should be heard by a court of law or other legal channels. “The Njuri Ncheke has no mandate to resolve a lawyer-client dispute,” he says.
But when he got word that the elders had set a date for the administering of the oath, Mr Mbogo rushed to court and obtained orders barring the ceremony and is said to have personally delivered the order just as the elders were about to carry it out at a shrine in Kiegoi village.
On Wednesday, lawyer Mwenda Mwarania, representing the elders sought time to study the suit papers by Mr Muriuki before filing a replying affidavit.
Lady Justice Jessie Lessit granted the elders two weeks to reply so that the case could commence. “We have instructed our lawyers to proceed with the case,” said Mzee Ruteere.
