The Kamba Justice System
Image: Basket Weaving is a traditional art form in the Kamba Community. By Kituivolunteers 2011 - Own work, CC BY-SA 3.0, (Link)
The Kamba justice system, practiced by the Kamba (or Akamba or Wakamba) people, a Bantu ethnic group who predominantly live in the area of Kenya between Nairobi and Travo and Embu. Their land, called Ukambani, is home to the second largest ethnic group in 8 counties, including Nairobi and Mombasa.
The Kamba justice mechanism is embedded within its social structure, and operates within the social, political, and economic paradigms specific to Kamba community life. It is built on the foundation of social ties that make an individual a fundamental part of the community, which determines and guides individual behaviour. Within the Kamba community, life is a web of social interactions, and an individual exists within and as part of the community. Accordingly, justice is centred on maintaining relationships, repairing harm, and healing in and within community.
Within the Kamba justice system, offences and offenders are addressed in line with a hierarchical structure informed by procedural guidelines. Offences committed within a family are addressed by the head of the family – however, if the head is unable to resolve it, the clan elders are called on to address the issue. Offences committed within a clan, where the victim and offender belong to the same clan, are addressed by a council of elders. The offender and victim will each rely on a spokesperson from within their family to present the facts to the clan elders. Offences committed across clans, where the victim and offender belong to different clans are addressed by a group of elders from both clans, coming together to hear the dispute. The victims and offenders’ clans will select their spokespersons to present the case.
Once the facts of the case are determined, the elders deliberate on the case and make a decision. Guilt is immaterial to the Kamba system – as the intentions of the offender are not taken into consideration once wrongdoing is ascertained. The offender is required to pay a compensation as directed by the elders as a matter of standard practice. The emphasis on compensation is intended to cater to the needs of the victim and to prioritize reconciliation within the community, no matter the intensity of the offence – murder is also addressed through compensation, called “blood price.”
While in principle, the format might be likened to modern-day and adversarial judicial systems, Kamba practices are very different. The case is not determined based on competing demonstrations of skill or cleverness in articulating positions. Instead, the entire practice is grounded in determining and presenting the truth as a first step toward restoring broken relations. The focus is not on punitive justice but about restorative, compensatory, healing justice where the victim is given support to rise to their feet. At its heart, the entire process is deeply dedicated to healing, repairing, and restoring family and clan relations, working on the premise that the offence of an individual has repercussions for the entire clan.
References
Kinyanjui, S. (2009). Restorative Justice in Traditional Pre-Colonial'Criminal Justice Systems' in Kenya. Tribal Law Journal, 10(1), 1.
Penwill, D. J. (1951). Kamba Customary Law, Notes Taken In The Machakos District Of Kenya Colony 85.
Thuki, N. (2013). A Comparative Analysis of Judicial Councils in the Reform of Judicial Appointments between Kenya and England. Annual Survey of International & Comparative Law, 19(1), 7.
