- (1) On his supposed fitness for the position, this being decided by the members of the grade he can enter, and an invitation to join is necessary.
- (2) On the ability of the candidate to pay the fees.
When a case is brought before the council of elders, nzama, any of the male population can be present, but can only listen to the evidence and cannot interfere in the proceedings.
The evidence is generally taken by one man on behalf of the council; he conducts the examination and cross-examines, and if other members of the court wish to put questions, it is generally done through the presiding elder.
The Government Chief, or Gazetted Headman, who is really foreign to the organisation, does not generally sit with the nzama; he sits apart.
The nzama is really a court for the settlement of questions of law or custom.
Should the evidence on matters of fact differ materially, the only way, with the exception of very obvious cases, is for the litigants to take the native oath (kula kithito), which is supposed to bring most dire consequences on the perjurer. A litigant who [[223]]refuses to take the oath is out of court, and judgment goes against him. The results of the oath are supposed to take effect within six months or a year, and should the litigant who has taken the oath survive the period, the case is given in his favour. Only one party and his witnesses are allowed to take the oath.
As cattle are generally involved in the case, the cattle in dispute are generally placed with some respected headman or elder until the effects of the oath are known.
The elders of the nzama retire to consider their verdict, and no members of the tribe below that rank are admitted to the consultation.
The council generally sits in a circle.
The Government Chief has in recent years assumed the duty of Executive Officer to carry out the judgment of the nzama, and in many cases in Ukamba has, at times, arrogated to himself a certain amount of revisionary power.