SUBJECT: TRADITIONAL DISPUTE RESOLUTION METHODS(TDRMS)
IN THE AGIKUYU COMMUNITY.
INTRODUCTION
Kenya, being a multilingual country that houses diverse communities, has
different cultural practices, one of which is the traditional dispute resolution
methods, which vary from one community to another. In this essay, we will
discuss these methods, with our focus being the Agikuyu Community, one of
the Majority groups.
The constitution of Kenya (2010) formally recognizes these TDRMS,
highlighting their continued relevance in enhancing justice and shaping the
Kenyan legal system in general1.
The Kikuyu Traditional system of dispute resolution was a community-oriented
process that focused on reconciliation and restoration of harmony through the
use of a highly respected group of elders known as Kiama. The entire process
emphasized consensus-building through a variety of ways, such as negotiation,
mediation, and arbitration.
The role of Kiama (Council of Elders) during dispute resolution
Kiama, as mentioned earlier, was the central institution for managing and
resolving disputes amongst the Kikuyu community and often comprised a
council of highly respected elders who were well acquainted and highly
informed of the customary laws, community norms, and wisdom gained through
experience and initiation. The elders were accessible to everyone, and their
decisions were highly respected and often considered final decisions.2
The key features of the Kiama-led process during conflict resolution were as
follows:
Mediation and Arbitration(Kuhingia Ithereeri); The elders acted as
impartial third parties, facilitating dialogue between disputing individuals
or families.
1
The constitution of Kenya 2010, art 159(2)(c)
2
G K Ikiara, Elders in Modern Kenya: ‘Dying Institutions’ or ‘Reinventing Themselves’? (2018)
ResearchGate.
, Community involvement; The process was communal and transparent,
often involving members of the extended family group (mbari) or clan
(mohiriga), fostering a sense of collective responsibility for peace3
Focus on reconciliation; The primary goal was not just to determine
guilt or innocence, but to restore relationships and reintegrate the parties
back into the community. This ensured lasting peace by addressing the
underlying causes of the conflict and ending bitterness
To understand properly how the Kikuyu traditional dispute resolution
mechanisms were implemented, we will dive into some of the common
dispute issues that prevail to date, so that we can visualize the
information above on the features of the kiama-led process.
Major Types of Disputes and Resolution Methods
Traditional Kikuyu justice focused on compensation, social balance, and
purification rather than punitive incarceration. Each type of dispute had specific
customary procedures for resolution:
1. Marriage and Domestic Disputes
Marriage and family matters were considered sensitive and were primarily
handled with a focus on preserving the family unit and lineage. The goal was to
prevent the shedding of "relatives' blood" and the associated contamination
(thahu).
Ways to Resolve:
Family-level mediation: Initial disagreements between a husband and
wife were often mediated by respected senior female elders or the
couple's parents.
Involvement of the Mbari (family group): If the conflict escalated, it
would be brought before the extended family group, who, in consultation
with the elders, would guide the couple toward reconciliation.
Divorce Procedures: Divorce was rare and a last resort. The process often
involved family elders and might require the return of dowry
“Ruracio”(fully or partially) to the husband's family.
3
University of Nairobi Library/Barlow Papers Collection: Archival materials on Kikuyu
customary practices (thahu, cleansing, ndahikanio, ngoma, Kiama).
IN THE AGIKUYU COMMUNITY.
INTRODUCTION
Kenya, being a multilingual country that houses diverse communities, has
different cultural practices, one of which is the traditional dispute resolution
methods, which vary from one community to another. In this essay, we will
discuss these methods, with our focus being the Agikuyu Community, one of
the Majority groups.
The constitution of Kenya (2010) formally recognizes these TDRMS,
highlighting their continued relevance in enhancing justice and shaping the
Kenyan legal system in general1.
The Kikuyu Traditional system of dispute resolution was a community-oriented
process that focused on reconciliation and restoration of harmony through the
use of a highly respected group of elders known as Kiama. The entire process
emphasized consensus-building through a variety of ways, such as negotiation,
mediation, and arbitration.
The role of Kiama (Council of Elders) during dispute resolution
Kiama, as mentioned earlier, was the central institution for managing and
resolving disputes amongst the Kikuyu community and often comprised a
council of highly respected elders who were well acquainted and highly
informed of the customary laws, community norms, and wisdom gained through
experience and initiation. The elders were accessible to everyone, and their
decisions were highly respected and often considered final decisions.2
The key features of the Kiama-led process during conflict resolution were as
follows:
Mediation and Arbitration(Kuhingia Ithereeri); The elders acted as
impartial third parties, facilitating dialogue between disputing individuals
or families.
1
The constitution of Kenya 2010, art 159(2)(c)
2
G K Ikiara, Elders in Modern Kenya: ‘Dying Institutions’ or ‘Reinventing Themselves’? (2018)
ResearchGate.
, Community involvement; The process was communal and transparent,
often involving members of the extended family group (mbari) or clan
(mohiriga), fostering a sense of collective responsibility for peace3
Focus on reconciliation; The primary goal was not just to determine
guilt or innocence, but to restore relationships and reintegrate the parties
back into the community. This ensured lasting peace by addressing the
underlying causes of the conflict and ending bitterness
To understand properly how the Kikuyu traditional dispute resolution
mechanisms were implemented, we will dive into some of the common
dispute issues that prevail to date, so that we can visualize the
information above on the features of the kiama-led process.
Major Types of Disputes and Resolution Methods
Traditional Kikuyu justice focused on compensation, social balance, and
purification rather than punitive incarceration. Each type of dispute had specific
customary procedures for resolution:
1. Marriage and Domestic Disputes
Marriage and family matters were considered sensitive and were primarily
handled with a focus on preserving the family unit and lineage. The goal was to
prevent the shedding of "relatives' blood" and the associated contamination
(thahu).
Ways to Resolve:
Family-level mediation: Initial disagreements between a husband and
wife were often mediated by respected senior female elders or the
couple's parents.
Involvement of the Mbari (family group): If the conflict escalated, it
would be brought before the extended family group, who, in consultation
with the elders, would guide the couple toward reconciliation.
Divorce Procedures: Divorce was rare and a last resort. The process often
involved family elders and might require the return of dowry
“Ruracio”(fully or partially) to the husband's family.
3
University of Nairobi Library/Barlow Papers Collection: Archival materials on Kikuyu
customary practices (thahu, cleansing, ndahikanio, ngoma, Kiama).
