Disputes between members of the same family rarely come before the council, but are settled by the head of the family.
Enforcement of Orders of the Council.—Formerly obedience would be enforced by any sentence, up to that of a death penalty. At the present day obedience has in some cases to be enforced by Government.
The successful litigant could enforce the payment awarded by court by seizing the defendant or members of his family.
In connection with this inquiry it is of some interest to analyse the functions of two special grades of elders among the Kamba, i.e., atumia ya makwa (elders of makwa) and atumia ya ukuu (elders of ukuu).
It must first of all be clearly understood that these titles have no connection with the ranks of atumia ya nzama (elders of council) in whose hands the judicial functions are vested. The members of the highest [[224]]grade of this rank are termed the atumia ya ithembo (elders of the shrine), both of these ranks being part of the natural career of the head of a family of any standing in the tribe. The elders of makwa and ukuu are, however, more comparable to positions which are attained by successful medical specialists. A man may become one or the other, or he may be both. Of the two branches the elders of ukuu are considered the more important; on the other hand, it is said to be more difficult to become a successful elder of makwa.
These branches of practice must not be confused with the profession of medicine man, which is quite distinct. A man can only become a medicine man if he is in direct communication with the aiimu, or ancestral spirits.
The function of a mutumia ma makwa (elder of makwa) is to avert the evil consequences of the incidence of a thabu or makwa; the functions of a mutumia ma ukuu is to ward off death itself.
The former uses ceremonial and lustrates by means of various herbs, from which he concocts the ng͠nondu or purifying reagents.
The latter (ukuu) uses spells which have a magical value only, and gives directions.
The qualification which enables a man to become a mutumia ma makwa (elder of makwa) is that one of his wives shall have died under circumstances which may leave a curse or thabu. He must then at once consult an elder of makwa, who performs certain purification ceremonies. If these are not performed the children of the deceased will become afflicted with thabu or makwa. If the ceremonies are successful the husband is considered to be initiated as an elder of makwa; if, however, he wishes to practise the art, he must set to work to obtain experience, as the ceremonial necessary to cure the many forms of makwa is very varied, and a wide knowledge of the various herbs employed is necessary.