A High Court in Meru has directed that the impeachment motion against Governor Kawira Mwangaza be referred to the Njuri Ncheke Council of Elders.
Justice Linus Kassan was to give a ruling on Monday but instead deferred it to August 20, 2024.
This is to give room for Alternative Dispute Resolution, as President William Ruto had ordered the Members of the County Assembly and the Governor to do so.
"The Njuri Ncheke Supreme Council of Ameru Elders are hereby ordered to submit their resolution or lack of it on the dispute between the parties herein as directed by the President of the Republic of Kenya not later than three weeks from today," Justice Kassan ordered.
He further directed the MCAs and the governor to appear before the Njuri Ncheke with their advocates before Wednesday, July 31.
Who is Njuri Ncheke?
Similar to other tribes in the country with councils of elders, the Njuri Ncheke serves as the supreme governing council for the Meru people.
It represents the pinnacle of the Meru traditional judicial system, and its decrees are authoritative throughout the community.
Since the 17th century, the Meru people have been governed by a hierarchical structure of elected councils of elders, from the clan level up to the Njuri Ncheke Council.
Membership in the Njuri Ncheke is the highest social status a Meru man can achieve.
The elders chosen for this council are carefully selected for their maturity, composure, respectability, and integrity.
This is crucial, as their roles demand significant wisdom, personal discipline, and deep knowledge of traditional practices.
The council operates from its main shrine in Nchiru, Tigania West, but also holds sessions at various shrines across Meru and Tharaka Nithi counties.
Functions
Among the core functions of Njuri Ncheke are to make and execute community laws and listen to and settle disputes.
Local disputes will invariably first be dealt with by lower ranks of the elders referred to as Kiama, then the middle-rank Njuri and finally the Njuri Ncheke.
However, it does not handle matters involving non-Meru people, or those that are expressly under Kenya's common law.
The determination of cases by the Njuri Ncheke, just like is for common law, relies a lot on case law and precedence.
Njuri Ncheke courts
Apart from the Njuri Ncheke Council of Elders there also exists Njuri Ncheke courts
The court locations are in Meru and Tharaka Nithi counties.
Until recently, only male elders were permitted to serve in these shrines.
However, women have now been allowed to join the Njuri Ncheke courts as adjudicators.
The men and women elders who sit in these courts, hear and determine all matters but if the parties fail to agree or one is dissatisfied with a ruling given, they escalate it to the sub-county level.
If the matter is still not resolved conclusively, it is escalated to the Supreme Court.
The six-bench apex court has its headquarters at Nchii shrine.
It is made up of the council chairman (Linus Kathera), Washington Muthamia (Secretary of General Programmes) and Josphat Murangiri (Secretary General Operations).
It also has deputies and a treasurer.
Powers
Apart from being influential in the socio-economic and political decisions, the council is also credited with spearheading the establishment of the Meru College of Science and Technology.
The college was in 2008 upgraded to a University College of Jomo Kenyatta University of Agriculture and Technology (JKUAT) and in early 2013 awarded a charter by late president Mwai Kibaki.