The dispute ensued in 1950 between Torgindi of MbaYar and Mtswen of MbaGishi. Both were of the lineage contained within MbaDuku. Mtswen who was the secondary marriage guardian of the wife of Torgindi’s son, was accused of highhanded tactics that caused the marriage to fall through. Mtswen refused to act as an intermediary to get Torgindi’s bride wealth refunded. Torgindi and Mtswen therefore exchanged harsh words.
Tongindi went home and sung a song in which he said that Mtswen was a skunk. During the night, Tongindi drummed and sung a song as loud as he could for the whole countryside to hear. Mtswen who lived only a quarter a mile away, and did the same the next night and all the members of the compound and other compounds of his lineage joined in the chorus.
Mtswen had not made up a song of his own against Torgindi, but was not a good song maker. He hired the best song maker in Sangev Ya to stay at his place and compose scurrilous songs about Torgindi and all his kinsmen and wives. Torgindi inventiveness was also exhausted so he hired a song maker. The two men held dances and song contests every night. Each brew beer and made food in order to attract dancers to come to dance and sing songs directed at the other.
There was a specified rule for these songs that:
If an act attributed in such a song was possible of human performance, it should be true, or the slandered person could call a jir (a kind of supernatural powers). However, if the act was humanly possible anything could be said.
For example, in one of Mtswen’s songs he accused one of Torgindi’s wives of stealing yams. The particular wife mentioned in the song was of the Udem a tribe of reputed thieves so by local consensus, this was probably true. If not true, Torgindi and his wife could call a jir against Mtswen and the song maker.
In another song Mtswen told how Orgindi changed himself into a pig at night and made it unsafe for every sow in the countryside. Torgindi could not actually do that hence song could not be the basis for a jir.
The Sangev song maker had actually thought of some much worse things to suggest that it was in Torgindi’s nature to do but Mtswen had stopped him because what he wanted was to win the contest not to spoil Torgindi’s heart permanently as they were after all neighbors.
The drumming contest continued every night for more than three weeks before the Mbatarev (Village leader), one Change took notice. Change decided that if the contest was allowed to continue as such it will end up into fight for which he himself would be answerable to the District Officer. Change sent a note to both Mtswen and Torgindi that they and their people were to come to his compound the following afternoon, and would sing and drum and he, Change as a Mbatarev would decide the case.
Both sides came fully prepared. Torgindi group dragged a large ilyu drum for two and half miles in order to accompany their songs and dances. Mtswen song maker and one of his sons hurried across to Udam and brought two small wooden figurines of the sort Udam people use in divination: a small black male and a large red painted female. The black represented Torgindi who was small and a very black man and the red was his wife who was tall, fat and light-colored. These figurines were tired together at the top of a long pole in a somewhat compromising position and were waved frantically in accompaniment to all the songs.
Mbatarev walked back and forth between the two performing groups, noting the performers and the songs. After two hours he called for attention and said that they would now hear the jir. Torgindi began his story. The man carrying the two figurines put them up in the air and waived them. A roar of laughter followed. Change took the figurines from the offender and put them under his chair until the hearing was over.
Both parties concurred in the judgment. Mbaterev announced the winner of the song contest. Torgindi won the case and Mtswen had the better songs. He then advised both song makers to go home immediately and not to turn to MbaDuku for a couple of months until the feelings which had been aroused had died down.
If you wish you may try this question
QUESTION
What considerations made the two disputants quite keen to arrive at a compromise?
