**3. Research context**

#### **3.1 The Mijikenda,** *kaya* **elders and their TK practices**

The first case study relates to the *kaya* forests, the sacred forests of the Mijikenda, a Bantu-speaking people consisting of nine sub-communities namely: the *Chonyi, Digo, Duruma, Giriama, Jibana, Kambe, Kauma, Rabai* and *Ribe* who are closely related linguistically and culturally [16]. The name Mijikenda is a Swahili derivative from the expression *midzi chenda* (nine homes) referring to the nine constituent sub-communities. According to historians, the Mijikenda migrated into the coastal area in the 16th century or earlier from a northern homeland known as Singwaya or Shungwaya [17]. When they migrated into Kenya, they settled in fortified hilltop villages known as *kaya* (meaning a settlement, village or home) as they were at risk of attack from other communities [18]. Each Mijikenda sub-community has its own *kaya*, which is a political institution and a settlement with a closelyknit society controlled by a council of elders, the *kambi* or *ngambi* ([16], note 14 at 4). Each *kaya* has its own history, committee of elders, and set of environmental and socio-cultural circumstances; but there are common themes traceable among them [19]. Currently, there are about 60 *kaya* forests, covering an area of about 4000 acres and representing 'some of the few patches of undisturbed vegetation in an increasingly densely-populated landscape' ([18], note 16 at 15). Today, the Mijikenda are found in Kilifi, Kwale and Mombasa counties. There are however no *kayas* in Mombasa County. Kwale County is home to the Digo and Duruma subcommunities while Kilifi County has the other 7 Mijikenda sub-communities. The study focused on Kilifi County since it has some of the best-managed *kayas* and there is strong adherence to cultural traditions. Moreover, most of the Kilifi *kayas* are on the World Heritage listing whereas in Kwale it is only the Duruma *kayas* that are listed (**Figures 1** and **2**).

Over time, the *kaya* elders have developed a system for protecting their TK and forests. Under that system, the elders are viewed as custodians, with the

*Harnessing Traditional Knowledge Holders' Institutions in Realising Sustainable Development… DOI: http://dx.doi.org/10.5772/intechopen.98802*

#### **Figure 1.**

*An image of kaya Kauma in Kilifi County. It is listed as a world heritage site.*

**Figure 2.** *An image of kaya Kambe in Kilifi County. It is also listed as a world heritage site.*

responsibility for regulating access, use and control of resources (including TK) in accordance with customary laws (including rites and taboos) and enforcing them. Through taboos, for instance, they regulate who can access the forests, when, how and for what reasons. For example, it is a taboo to enter; bring flames; fence; or cut trees in the *kaya* without the consent of the elders [20].

Moreover, TK is held at the individual, family/clan or community levels. Individuals may hold specialised knowledge on the use of specific plants and carving of *vigango* (memorial statues erected on tombs), which means it is their prerogative to share it [21]. TK relating to spiritual healing is viewed as family/clan property, and is selectively inherited either before or after the life of a practising healer, or spiritually guided, where a selected heir falls sick until he takes up the practice

([16], note 14 at 13-14). At the community level, certain rituals/ceremonies are conducted by initiated elders for community benefit including: prayers in times of drought or famine; cleansing of land; thanksgiving prayers and blessing of the harvest; prayers for healing community members; prayers for peace; and divination [22].

Apart from holding TK, and conserving the *kaya* forests, the elders play a key role in promoting unity, conflict resolution, rule-making, and enforcement of those rules [22]. The elders and forests are a symbol of unity and cultural identity for the Mijikenda people [23]. Moreover, elders are the first port of call wherever there are disputes (including land, family and political) in the community. Further, local politicians, must seek the blessings of the *kaya* elders, before venturing into politics, illustrating their acceptance and legitimacy (**Figure 3**) [22].

There are collaborations between *kaya* elders and governmental and nongovernmental agencies to protect their TK and resources [23]. For example, some *kaya* forests are World Heritage Sites [24] and are under the management of the NMK and the stewardship of United Nations Educational, Scientific and Cultural Organisation (UNESCO). Additionally, NMK in collaboration with UNESCO and the State Department of Culture runs a program aimed at recognising the intangible cultural heritage (ICH) in the *kayas* and the recognition of secondary *kayas*, in need of urgent protection from extinction [21]. Moreover, CFCU is working with *kaya* elders to sensitise the youth on the cultural and ecological value of forests (through essay competitions, visits to schools, and field trips); strengthen traditional institutions; support elders in fencing some forests; and recruit guards to monitor the forests and report any infraction of regulations to the elders ([18], note 16 at 23). Similarly, the County Government of Kilifi, has established the County Forest Guards who work with elders to prevent encroachment into the forests. TICAH, a local NGO, has a program on TK and culture, where it is working with elders to document their TK, rituals and traditions. In particular, TICAH is working to document and commercialise TK relating to medicine [25].

#### **Figure 3.**

*The researcher (holding a cap) attended a customary court session on 26th April 2018 at Mwembe Marunga where Rabai elders sit (under a mango tree) to hear and determine disputes touching on land, adultery, witchcraft, marital and family disputes every Monday and Wednesday among locals.*

*Harnessing Traditional Knowledge Holders' Institutions in Realising Sustainable Development… DOI: http://dx.doi.org/10.5772/intechopen.98802*
