A DISCOURSE ON LUO CUSTOMARY LAWS
By HONOURABLE MR. JUSTICE ERIC OGOLA
Birth and Naming of children:
The birth of a baby is usually a joy to the family and community. In the past times in the Luo society there were ceremonies related to birth; the first concerned the “presentation” of the newborn to the world which took place four days after birth in the case of a male child and three days after for a female child.
Then there was the child shaving ritual which was performed by the grandmother using an appropriate razor and an empty pumpkin filled with water and herbs to wash and clean the head of the child.
The birth of twins instead was believed to be the work of evil spirits, as well as a child born before marriage was believed to have a spirit that could rob intelligence from future brothers and destroy the marriage, this child was given to the care of his grandmother or in the worst cases, killed before the age of five.
Naming is an integral part of Luo culture and is guided by certain norms, patterns and systems. The ceremony of naming a newborn child in the Luo society is considered to be a very important affair and the task treated with utmost seriousness. A child’s name was a mark of identity which was believed to reflect a baby’s history, heritage and influence his destiny; therefore, a lot of care and thought went into the process of naming. Names therefore reflected various things such as the time when he was delivered, seasons, weather patterns, the particular time of the year, family connections, current events, birth circumstances, birth order, clan peculiarities and traits. For example, children are often named after their grandparents and a child that was born into a clan of warriors was likely to be given a name that reflected his heritage. A child could also be named after a dead relative while naming of twins followed a particular code. A child of Luo ethnicity who is born during the night may be named as the Luo word for night (e.g. ‘Atieno‘ for a female or ‘Otieno‘ for a boy), if a child was born at sunrise his name was Okinyi if male and Akinyi if female and if the birth occurred during the rainy season she would be called Akumu or Okumu depending on the gender.
Children were also given names at birth which reflected on desired characteristics and a prophecy of destiny such as Jamoko, Oteko, Jamwandu, Orieko, Sibuor, Ratego, Jalamo and Magunga among others.
Marriage and Divorce:
Article 45 of the Constitution of Kenya provides that the family is the natural and fundamental unit of the society and the necessary basis of social order, and shall enjoy the recognition and protection of the state.
Article 45 (2) Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.
Article 45 (3) Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage.
Marriage in the Luo society is an elaborate ceremony and involves several steps. It is considered the most significant event in the life of the Luo. A man, who intends to marry his girlfriend, has to ask the parents of the bride for their agreement and define the bride price, the Ayie is the ceremony involving the payment of a sum to the mother of the bride
Ayie in Dholuo language means “I agree” and it is the phrase that concludes the deal on the price that the groom has to pay; this deal also involves other family members and a neutral intermediary, who does not belong to the two families.
Once the consent of the parents is obtained, the wedding ceremony can be celebrated and the couple can no longer change their mind. These ceremonies, defining the bride price, are followed by the ritual of “Meko”, i.e the girl “kidnapping” to bring her to the house of her husband, finally the ceremony of the actual wedding takes place followed by the sacrifice of a bull and a big party.
The catch is counteracted by the bride’s relatives to test the courage of the kidnappers and to understand the importance of the bride for the groom; skirmishes with sticks also happen while she screams and tries to wriggle herself free from her captors to demonstrate attachment to her father, even though he is actually conducive to the marriage and aware of the kidnapping. If the girl is opposed to the marriage, she has various methods to stop the “meko”, embracing euphorbia “ojuok”, or climbing a termite mound still crying and watching her village, or collecting the earth, put it in her mouth and spit it out to her captors.
Once the “meko” is over, the groom will try to understand the causes of the objection and find a solution, even if a solution is found, the girl will always be marked by this act considered inappropriate.
If the meko is successful, the girl is brought to the hut of her future husband, in the presence of four witnesses, there is the deflowering of the bride; witnesses will then inform parents about the real virginity of their daughter. The final ceremony involves the husband paying the dowry to the father with several heads of cattle.
The next ceremony happens when the parents of the bride slaughter an ox and give the meat to the families of the husband’s lineage, this is followed by a big party that lasts all night, during which they sing, dance, eat and drink.
What happens to the dowry in a Luo divorce?
In case of divorce, although it is a very rare occurrence among the Luo pairs, the price that was paid for the bride returns to her husband and the family of the bride is obliged to redeem all that had been previously received for the dowry.
Among the Luo, polygamy is a permitted practice, a man can have up to five wives if he possesses enough cattle to pay the dowry.
Rites of Passage
Rites of passage vary from community to community in the traditional societies. Unlike neighboring ethnic groups, the Luo have never practiced circumcision as a rite of passage, generally initiation ceremonies for the different phases of the lifecycle do not exist in the Luo tradition with the most important ceremonies in the life of the Luo being marriage and funerals.
Many ceremonies and traditional rites are no longer celebrated by the Luo or run in a different way, mainly because of the influence of colonialists and Christianity but there are some ceremonies that still continue to be celebrated traditionally.
For example, the practice of removing the lower teeth is no longer executed and neither are the tattoos that were drawn on the back of the girls, in the Luo community.
The practice of teeth removing was a big ceremony in the Luo community of yore. Boys and girls who were between the ages of 12-15 qualified for this age-old-initiation-rite which was a huge event. The initiate knelt facing the extractor who was armed with a sharp-pointed-end of a hoe. No anesthesia was used. The sharp end was forced in between the middle of the teeth. Once the first middle tooth had been removed, the remaining incisors on both sides are shaken loose. As the hoe is being forced in between the lower dentition, a hole was dug next to the initiate for spitting blood flowing freely from the gum. This process is considered the change from childhood to adulthood.
Once initiated Luo girls were considered ready for marriage and their preparation commenced. The Luo girls are taught by older women of the community about things like how to act towards your husband and how to take care of children on their own.
Death
Death is seen as a rite of passage and is celebrated with elaborate rituals; burial affects the entire community and the relatives of the deceased come also from afar to attend this event that provides that every Luo should be buried in the Luo ground.
The funeral is a major event involving the relatives but also all members of the community, the burial must take place on the Luo land, regardless of where a person has lived his life.
Participation in funerals is an important ritual for Luos, it is an occasion to pay tribute to the deceased but also an opportunity to socialize with family and friends. Relatives who come to the funeral from all parts of the nation or the world are hosted in the village of the dead person.
Traditionally the funeral consists of fourteen rituals that are celebrated in full only for the elderly; some of these rituals are not celebrated and this selection is made on the basis of age, sex and marital status of the deceased person.
The funeral lasts four days for a man and three for a woman and, during these days, large quantities of beer and meat of sacrificed animals are consumed to honor the deceased. The mourners weep, sing and dance to chase away the spirits of death who have taken their loved one.
The first rite announces the death and is performed by women in the early morning launching a long and shaky groan followed by the sound of drums.
This is followed by the ritual of the dead wake, this provides that close relatives of the deceased must remain inside the hut and watch over him until burial; this ritual can last a few days, so as to allow the distant relatives to arrive.
At the same time, the ritual of the tomb excavation is done in preparation for burial of the deceased. After the burial and expression of grief through speeches and viewing of the body, there is a period of feasting and celebration.
The funeral ends with a ritual that celebrates the end of the deceased person’s life: a rooster which is a symbol of masculinity, belonging to the deceased is sacrificed and eaten by relatives. The next rite is “tero buru” a ritual that aims to appease the spirit of the dead. This is an elaborate ritual which involves men slaughtering a cock and eating the flesh then driving the deceased’s cattle to the river for water to drag out the spirits; after this they return, accompanying cattle to the house of the deceased, shouting and singing louder and louder as they get closer to the home.
The relatives are subjected to the ritual of shaving the hair, especially the spouse, so as to free them from the mourning taboo.
The rituals that follow are: the return home of the relatives, serving lunch to the deceased’s kinsmen and visit to the widow or widower – a rite which involves the sacrifice of an ox, and marks the end of mourning; from this moment he/she can join a new partner.
The last rites are similar to the division of inheritance where the goods of the deceased are divided among his relatives and in particular the land and the animals are divided among the male children, while household goods and everyday objects and clothes go to his wife and daughters.
Other rituals are linked specifically to the social status of the deceased, for example if a girl died a virgin, an elderly woman is hired to deflower the body to prevent the girl’s spirit from being angry and causing torment to her relatives.
A similar ceremony is also performed in case a widow dies before remarrying. In this case, a man is assumed to deflower her, the Jakowiny, who is paid for his job.
For the Luo, it is an absolute taboo to commit suicide, if a person commits suicide, he or she is believed to become a ghost and punish those who spoke at his/her funeral. In the event the person committed suicide on a tree, it will immediately be cut down and burned.
Family Relations and Succession.
The clan, or family, is arguably the most important aspect of the Luo culture. Anyuola is the Luo term for kinship. The nuclear and extended family are all part of the clan. The larger the clan is, the more important the people of that clan are, as well as the more influence they have over their tribe.
One example of this is how Luo families tie into politics. Much like political parties, clans create alliances with other clans (and sometimes other tribes) and they keep track of allies and rivals alike. Family and the practice of working together (Harambee) is the key to success within the Luo culture. This is an example of a totem of a clan. Families are often identified through their animal and human totems. Totems are also ancient cultural items that pertain to nature conservation.
A traditional Luo nuclear family is composed of a husband, his wife or more commonly wives, their children, servants (if they could be afforded), and elders of value and importance. The nuclear family then makes up the basis of any clan.
In addition, any good friends or family members of a spouse’s family are included in the clan as extended family. The kinship of the Luo people does not stop at the family level.
Within the Luo tribe, children refer to adults as Uncle (Mzee) and Aunt (Mama), even if no actual family relationship is present. Many clans within a given area form the tribes of Kenya, which are large communities of people with similar ancestors and beliefs.
In Luo society, family members have specific roles to adhere to. The husband serves as the leader of the clan. His word is law, and he rules the family with an iron fist. The wives are normally responsible for maintaining alliances, as well as birthing children for the husband. Wives gain more respect for each child they have. Children are largely expected to simply grow and bring more honor to the family.
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The Honourable Mr. Justice Eric Ogola is the Presiding Judge, Mombasa Law Courts.
He holds an LLB from the University of Nairobi and an LLM from University of Cape Town.
