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University of Warwick Institutional Repository University of Warwick institutional repository: http://go.warwick.ac.uk/wrap A Thesis Submitted for the Degree of PhD at the University of Warwick http://go.warwick.ac.uk/wrap/67046 This thesis is made available online and is protected by original copyright. Please scroll down to view the document itself. Please refer to the repository record for this item for information to help you to cite it. Our policy information is available from the repository home page. SOCIAL AND LEGAL CHANGE IN KURIA FAl1ILY RELATIONS Thesis Submitted by Barthazar Aloys RVJEZAURA LL.B (Makerere); LL.M (Harvard) Advocate of the High Court of Tanzania and Senior Lecturer in Law, University of Dar-es-Salaam, Tanzania. In fulfilment of the Requirements for the Award of the Degree of Doctor of Philosophy. The University of Warwick, ,School of Law. ,, February, 1982. IMAGING SERVICES NORTH Boston Spa, Wetherby West Yorkshire, LS23 7BQ www.bl.uk BEST COpy AVAILABLE. VARIABLE PRINT QUALITY ii I'ahLeof Contents ii • AcknOi·;~igements v Abstract vii CHAPTER ONE INTRODUCTION 1 - 7 CHAPTER Th'O THE LAND AND PEOPLE Geography and Climate 8 Kuria People and Their History 11 Kuria Social Organisation 13 Kuria Land Tenure 19 CHAPTER 'rHREE HAIN FEATURES OF THE KURIA ECONOHY Introduction 23 Pre-Colonial Agriculture 24 Pre-Colonial Animal Husbandry 29 The Elders' Control of Kuria Economy 38 Summary 41 CHAPTER FOUR THE FORIftATIONOF A PEASANT ECONOMY Introduction 42 Consolidation of Colonial Rule 43 Cash Crop Production 46 Cattle Marketing Policy 53 Import and Export Trade 60 Summary 64 iii CHAPTER l~IVE FORMATION OF THE KURIA FAMILY UNIT Introduction 66 Preparation for Marriage 67 Betrothal and Marriage 70 Aspects of Contemporary Kuria Marriage 75 Summary 88 CHAPTER SIX THE REGULATION OF BRIDE\.JEALTHBY THE COLONIAL AND POST-COLONIAL STATES Introduction 90 The Kuria BrLdewea.Lth Rates 91 The Regulation of Bridewealth During the Colonial Period 96 The Transmutation of Kuria Bridewealth 104 The Containment of Rising Cost of Marriage During the Post-Colonial Period 110 Summary 128 CHAPTER SEVEN THE CHANGING LEGAL STATUS OF CHILDREN Introduction 130 Filiation of Children in Pre-colonial Kuria Society 131 Judicial Modification of the Kuria Law of Children 138 Disputes over the Control of Children 151 Summary 166 CHAPTER EIGHT HARITAL RELATIONS IN A CHANGING ECONmw Introduction 168 The-Economic Importance of Polygyny 169 MIA"it"al Dl~f'l4ttS 0,"''' (hOf."~ ~\.~t:~ Judicial Allocation of ~atrimonial Assets n'185 Summary 205 iv CHAPTER NINE f40KAHONA-l,lARRIAGE IN A CHANGING ECONOMY Introduction 207 The Main Characteristics of a Mokamona-Marriage 209 State Intervention in Mokamona-Marriage Relations 213 Mokamona-Marriage in Transition 228 Transformation of Mokamon~-Marriage 233 SUMmary 245 CHAPTER TEN CONCLUSION 249 Overview 249 Law and State 251 The Kuria Response to Change 268 List of Tables List of Fi.gur-ee Abbreviations Selected Bibliography / v ACKNOltJLEDGEHENTS The rese~rch for this thesis was conducted in Tanzania and England. I wish to thank the University of Dar-es-Salaam for meeting the cost of my nine months fieldwork and for granting me leave of absence from teaching duties for forty months. I am grateful to the Association of Commonwealth Universities which provided financial support durin~ my stay at Warwick University and the British Council which efficiently administered my grant. A number of individuals offered invaluable help during the various stages of my research. B~rbara E. Harrell-Bond and Yash P. Ghai were my first joint supervisors. Dr. Harrell- Bond introduced me to legal anthropology and the discipline of clarity in writing while Professor Ghai's constant encourage- ment and gentle criticisms kept me going all the time. Francis G. Snyder who took over the supervision in the last year of my writing, had just completed an important book on the transformation of the Banjal legal ideas and concepts. Drawing from his experience of Senegal, Dr. Snyder helped me to clarify my thinking on the Kuria data. Peter Fitzpatrick read the entire draft and made encouraging criticisms and t, Dr. Ruel offered me useful insights on the background material. During my fieldwork I benefited from the advice and friendship of G.A. Rwelengera, E. Ongati and their families. -Both worked as magistrates in Tarime District and are familiar with the Kuria society. The staff of the Tarime District Court, Nyamwaga and Nyamwigura Primary Courts gave much co-operation and assistance. I am especially grateful to T. Biganio, P. Mwanga, J. Mwita and Mrs. Kamugisha who obtained vital information for me. The latter also typed my field notes. D. Gyalenga, V. Kagwidi, L. Katikiro, Father Kirwen, R. Matango, F. Mtumbuka, F. Mwamwaja, Father Smith, Drs. Mtango and Winani assisted me in a variety of ways. The staff of the Bodleian, Rhodes House, and the Tailor Libraries at Oxford were ~enerous to me and so were those of 'f b the Universities bf Dar-es-Salaam, Warwick, the School of Oriental and Afri~an Studies and the Tanzania National Archives. I would like to aJknoWledge the help of Dr. G. Freeman- . \ Grenville who traced for me the records of the late Edward C. Baker's career on ~hose unpublished manuscript I have heavily \ relied. I am also obliged to the G~vernment and Party leaders of the Mara Region from whom I obtained much information and assistance. I wish to thank the Kuria people, particularly those of the Tarime highlands, who welcomed me into their homes' and from whom I learnt a great deal. I am grateful to Mrs. Rita Giwa and Mrs. Olive Heaton who put the text into readable form. To Christine Rwezaura lowe most, for not only did she patiently bear my long absence from home du~ing the period of my research, but she also assisted in the preparation of the thesis. I am, of course, entirely responsible for any errors in this thesis. vii ABSTRACT SOCIAL AND LEGAL CHANGE IN KURIA FAMILY RELATIONS Barthazar Aloys Rwezaura <, -, This is a study of social and legal change among the Kuria people of Tanzania. It examines the transformation of the Kuria ideas and practices concerning marriage, children and property rights. The study covers a period following the colonial rule in Tanzania beginning about the turn of this century to the present. The aim of the study is to show the relationship between the integration of the Kuria economy into a world economic system and the transformation of extant social relations. Although we recognise that social change is an unceasing process in any society, this study argues that forces associated with capitalist penetration accelerated this process. Thus, for example, the authority and power of the elders who had for many generations dominated the Kuria society was undermined. There was radical transformation of kinship and property relations and elders were no longer influential in matters relating to production. There was progressive individualisation of property rights as sUbsistence production was transformed to serve the needs of the capitalist sector. The role of the law and state is also discussed. We argue that both the colonial and the post-colonial states were instrumental in this process of change even if some of their policies appear to h~ve been aimed at conserving. certain forms of traditional relations. Within this context of change the responses of the Kuria people to economic change is examined. The study argues that rather than being passive objects of capitalist penetration the Kuria tried to influence events even though their options were highly circumscribed. For the elders change represented an opportunity to utilise their traditional positions to secure resources from the non-traditional economic sector while for the younger generation and the women, change· opened up the means for them to extricate themselves from relations of subordination. -1- CHAPTER ONE INTRODUCTION This is a study of social and legal change among the Kuria people of Tanzania. It examines the transformation of Kuria ideas and practices concerning marriage, children and property rights. The study covers the period following the colonial occupation of Tanzania, beginning about the turn of the twentieth century. Whereas it is recognized that social change is 'a continuing process in any society, this study argues that forces connected with colonial rule have accelerated this process. These changes have affected certain areas of social life more than others. In particular, family relations have been dramatically transformed. This study of Kuria social change has drawn insight from a number of recent theoretical and empirical studies on the 'Third World', the most important being studies on law and underdevelopment. These have provided a number of related theoretical frameworks for research on the specific processes through which various peasant societies are drawn into a world capitalist economy. The role of colonial law in promoting this process among the Kuria and the contemporary effects of capitalist penetration are examined within this theoretical framework. My research on Kuria society has also benefited from anthropological sources. These historical accounts of Kuria pre-colonial law and practices have been used. Although I have not always come to the same conclusions as those of the authors I cite, they are nonetheless acknowledged for their contribution. There are, however, only a few published works on the Kuria people. Those few authors upon whom I have relied are cited in the text. Tarime district was chosen as the location for the research and this choice was influenced by a number of considerations. The two most important were my preliminary examination of historical sources which -2- showed that Kuria people had an impressive history of resistance to colonial initiatives to regulate livestock economy and bridewealth. My early studies of court ca~es and interviews with court personnel in the Mara region indicated that Kuria bridewealth rates are the highest in East Africa.
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