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.