Nyeri’s native court set to be biggest national museum in central Kenya

The large antiquated building stands magnificently among modern buildings, clearly proclaiming its age.

The building at Ruring’u in Nyeri housed the African Native Court in 1924, and is a reminder of the colonial heritage.

For Mr David Kariuki Gikonyo, an octogenarian and a retired prisons officer whose father worked as a colonial guard in the 1940s, the coming up of the native courts brought on board the modern justice method.

“The courts would hand down more decent punishment measured in the amount of cows one was made to pay a complainant. It brought to an end the days when offenders would be thrust into a beehive and rolled down a hill or set on fire using dry banana leaves depending on the type of crime and the discretion of elders,” he recalls.

The harsh rulings, reserved for serious crimes such as murder and robbery, were designed to ensure the offenders died a painful death, and serve as a warning to would-be miscreants.

Perpetuated impunity

On the downside, the native courts perpetuated impunity since all an offender needed to get away with murder was lots of cattle to pay the fine ordered by a three-judge bench of ‘elders’.

“The poor had cause to be afraid,” he quips. They were at the mercy of the courts, and the burden of fines would fall on the clan. The court direction could seize any property including harvests from the clan to pay the fines.

The justice system then did not have the privilege of representation, or witness affidavits. All the court needed was a complaint and they would move into action.

If an accused thought they were unfairly accused, they would be set free if they pushed a short stick through holes punched in the skull of a goat. If you failed, you would “fall down dead”.

Even though no one ever died on failing the ‘truth test’, it was so feared no one took it unless they were sure they were innocent.

Those who worked in the ‘judiciary’ enjoyed perks such as leaving in quarters made of timber, as opposed to mud-walled abodes. They also received a bicycle allowance.

All buildings in Ruring’u still stand in good shape, perhaps an indication of the colonialists’ architectural prowess.

The court, which has since been taken over as a museum, was saved from complete destruction by elders, some whose relatives worked there and others who want the courts preserved for their aesthetic value.

According to Mzee Gikonyo, a land grabber had once planned to set up a night club, but the elders stopped him.

“Most of this land belonged to the clan, which has the ultimate say in the manner it is to be utilised. We have since decided to give the land to the government to set up institutions that will assist the community,” said Mr Gikonyo referring to the 85-acre land. It has been donated to build Ruring’u stadium and AP training school.

Now the court is set to be the biggest museum in Central Province.

A caretaker from the National Museums of Kenya, Mr Antony Maina, will oversee the project.

“Before we decided to support the project, we did not have any activities in Central Province precisely because we did not know whether there existed historical structures to be preserved,” he said.

Mr Maina said Sh3 million had been spent to renovate the building, adding that the National Museums was in the process of gathering historical data and artefacts of the Gikuyu to be preserved in the museum.

Already, inroads have been made into gathering some colonial items. For instance, heavy metallic helmets and shields used by the court askaris to quell riots and arm themselves during excursions to seize property from fine defaulters are already displayed inside the building.

There are also pictures of askaris who served at the courts plastered on the walls, imperious in their khaki shorts uniform but no shoes.

Shoes, we were told, were only for senior government officers such as paramount chiefs. One chief drove a car, a rare feat for Africans then.

Court staff also commanded authority as they were seen as the instruments of the revered law but there is no evidence they used their positions for selfish interests.

“The people then were loyal and respected the rule of law unlike today,” said Gikonyo, referring to the sleaze and corruption that has pervaded the corridors of justice.

The elders said the museums department had promised to set up a full museum in the next one year, a promise vindicated by Mr Maina.