BIBLE II FOR LAWYERS

KLAW 124
CAT ONE GROUP WORK
GROUP
BLESSING ANIDA MELVINE- LAW/M/0421/05/23
YVONNE PIRYO- LAW/M/0392/05/23
ANTHONY KIPKOROS CHEPSON- LAW/M/0477/05/23
FATMA GHAIB AHMED- LAW/M/2944/09/20
NABINTU WA NCIKO- LAW/M/0659/05/23
OWEN NDIRANGU- LAW/M/0450/05/23
SANDRA BARENDO- LAW/M/0345/05/23
 1. Define the sin and curse according to your tribe or community understanding.
SIN
Sin generally is an immoral act considered to be a transgression against God’s law. Sin includes a
failure to do what is right. Sin also offends people; it is violence and lovelessness toward other
people, and ultimately, rebellion against God. However, sin has different meaning and
understanding according to different tribes. According to the Nilotes, specifically Luo, sin is
called Richo. The Luo’s define sin as Richo en timo timbe ma Nyasaye okwero e chikene (Going
against God’s command). When someone goes against God’s will they have committed sin. In
the Kalenjin community (Tugen), sin (Tengek) was viewed as a wrongdoing committed by an
individual or a group of individuals against the community as a whole.
While in Islamic communities, sin is most commonly referred to as Dhanb. It entails doing
things that are contrary to the commandments of God or neglecting to do things which have been
commanded by God. Therefore, a sin is simply an act of disobedience against God. Sins can
either be major or minor depending on the nature and severity of the action. Irrespective of the
categorizations attract displeasure of God and a Muslim should always be cautious, alert and
vigilant in their daily undertakings in order to actively avoid engaging in sin. This is due to the
intrinsic objectionable nature of sin whose committing has dire and severe consequences. In
addition to this, the Congo people in the Shi tribes, They refer to sin as chahaa. The concept of
sin according to Shi tribes is referred to as actions that are considered morally and spiritually
wrong. They believed that chahaa is not only sin but also it is a crime against the entire
community.
The Kikuyu community have three words for Sin: Meehia, which means wrong-doing;
Maahitia ,which means mistakes and a strong word, thahu. The prohibitions (migiro) and Curses
(ìrumi) are the major causes of thahu. Moral ethics and Code of behavior of the Gikuyu was
however not governed by fear of a God or the action of spirits but largely by a system of taboos.
There was a prescribed cause of action for undoing the expected ill-effects of breaking any one
of the taboos. Many of them required a certain purification procedure sometimes by a medicine
man depending on the severity of the taboo broken and usually involved the sacrifice of a goat.
Each prohibition was grounded in sound reasoning with the people’s protection in mind.
Breaking a prohibition (mugiro) results in an unclean state of abomination, thahu which is
removed through chastisement and sometimes involve a ritual by the offender’s known as
gutahikio which translates to vomiting out. The vomiting out ritual returns the offender back into
the pure state of being.

CURSE
Curse means to utter a wish of evil against another person. Curse is literally the removal of a
person from the company of the redeemed where all blessings are localized. Similar to sin, curse
also has different meanings according to different tribes. In Luo curse is kuong’ or chira which is
a form of supernatural punishment or negative energy directed at an individual, family, or group
as a consequence of wrongdoing. The Luo believe that curses are believed to bring misfortune,
illness, or other calamities to the cursed individuals or their descendants. They can be invoked
intentionally or may manifest as a result of anger, resentment or harm done to others. As for the
Kalenjin community, Tugen’s refer to curse as Kikichubon they believe that sin is what will
amount to one being cursed and that curses were considered as an outcome of wrongful acts.
On the other hand, in Islam, curse which is known as La’nah is what is invoked to deprive
someone the mercy and blessings of God and to cause the wrath of God to descend upon them. It
is done with an intention to cause misery, disgrace and debasement upon the object of curse, In
Islam this is a terrible thing to do. Islam teaches that cursing a believer is like murdering him. It
is therefore prohibited to curse a fellow Muslim and even frowned upon cursing disbelievers and
enemies. In the Islamic community, a Muslim is supposed to refrain from such invocations.
While the Shi tribe in Congo refer to sin as mugereko, which is believed to be a form of
repercussions to the person doing an act that has been banned in the society. Their believe is that
sin brings curses.
Lastly, in Kikuyu community it is believed that, Curses(ìrumi) are real in the Kikuyu land, and if
one makes a mistake of not heading to something they have been warned about by their parents
or elders, it will affect their lives. Curses can be invoked by parents or elders if they feel that
their children or younger members of the community have gone against their wishes or violated
cultural norms. The Kikuyu believe that curses can be lifted through rituals performed by
traditional healers or medicine men (Mundu Mugo).

2. What was the perception of your tribe on Sorcery, Witchcraft, Divorce,

Childlessness, and Bribery?
SORCERY
Sorcery is the art, practices, or spells of a person who is supposed to exercise supernatural
powers through the aid of evil spirits. In Luo sorcery is called Kuong’. The Luo people believe in
the existence of sorcery. Their perception on sorcery is similar to witchcraft but may involve
different methods and intentions. It is often associated with using supernatural powers to inflict
harm on others. Sorcery is generally seen as something to be feared and against guarded against.
The Tugen in Kalenjin community believed taking part in sorcery as a great offence and it could
amount to ex- communication, while sorcery in Islam is known as Sihr. It is absolutely forbidden
in Islam. It is therefore sinful. Islam acknowledges the existence of sorcery and its inherent
harmful nature. It involves associating God which Islam is explicitly against as it violates the
right of God to be worshipped alone without partners.
In the Congo community, they refer to sorcery as chahaa similar to sin. The shi tribe in Congo
have a perception that sorcery is taken as a sin and it is forbidden in the community. Any act of
sorcery could amount to great consequences. On the other hand, Kikuyu’s term sorcery as urogi.
They perceive that it is the use of supernatural powers towards other people in the community.
WITCHCRAFT
traditionally, the exercise or invocation of alleged supernatural powers to control people or
events, practices typically involving black magic. In the Luo culture, witchcraft is a mystical
power by which some people are thought to be able to harm or kill others when they hate them or
envy them. Witches in Luo are called jojuogi. This word has its roots in spiritism meaning
aligned to the spirits. Witchcraft in Luo is seen as misapplied power and abuse of it. Women with
evil eyes are also grouped as witches, they are given inverted attributes which have some
mythological figures in them. The Tugen community believed taking part in witchcraft was also
a great offence. The person caught on these acts would be isolated for the rest of his/her life. The
children would then ask for pardon on behalf of the person but the isolated would still go on.
In Islamic community, witchcraft is used for evil and sadistic reasons to cause psychological and
physical harm, separate husbands and wives among and many other evil pursuits. It is done with
the aid of jinns(devils) which requires the magician, sorcerer or sorceress to appease them so that
the jinns can do what is asked of them. However, Muslims believe that this can happen only by
the permission of God, if He has willed it to be as there is no greater power and will than that of
God and Muslims seek protection from God. The Kikuyu, have a strong belief in witchcraft
which was termed as urogi similar to sorcery. They believe that witches(arogi) can cause harm to
people by casting spells and using supernatural powers. Lastly, the Congo community believe
that witchcraft may vary from one person to another and may also depend on the personal
interpretation of beliefs and cultural norms. They refer to it as kurerekerha mizimu.
BRIBERY
Bribery is the act of promising, giving, receiving, or agreeing to receive money or some other
item of value with the corrupt aim of influencing a public official in the discharge of his official
duties. In the Luo community bribery is termed as Asoya. Taking bribes in the Luo community
was not accepted. It was mostly associated with leaders and people of high ranks in the society. It
was believed the if you took bribes your lineage would not continue or rather it would end with
you. Bribery was present in the Tugen community, in fact it was carried out oftenly but in secret.
A great example was when conflicting persons would seek guidance from the village elders and
then, a weaker party would bribe the elders by gifting them with beer.
In the Islamic community, bribery is severely frowned upon. It is considered a major sin. It
promotes and is an impetus for social rot in society. It also causes the wrath of God to descend
upon the people engaged in it. Bribery is exploitative as it infringes the rights of others. It also
has a concomitant effect of weakening one’s faith in God. Muslims are urged to abstain and
avoid taking bribes as they are unlawful and everything done subsequently with the bribe money
is considered unlawful devoid of blessings in it. Lastly, Bribery (Hako) is considered a vice in
the Kikuyu Community. The Kikuyu people believed in honesty and integrity and they frown
upon any form of corruption. Bribery is seen as a betrayal of trust.

CHILDLESSNESS
Childlessness in Luo it is Luur. Childlessness was directly connected to witchcraft. It was
believed that those without children were bewitched. Even though that was the belief they
weren’t exempted from the community or shut out because at the time polygamy was allowed in
the Luo culture so if you didn’t have a child your cowives would and hence the lineages still
continued. Among the Tugens, just as in other African societies, children were viewed as a gift
from God. If a lady discovered she was infertile, she would adopt a child from her sister. The
child would live with her and is considered as hers. For a man to be infertile, he would agree
with his wife and she would then have a child with a trustworthy man of the couple’s choice, this
would be done in secret.
The Islamic community, childlessness is not considered as a state of being cursed. Muslims
believe that it is the will of Allah (God). To Allah belongs all dominion of the heavens and earth.
He creates what He wills and bestows children to whom He wills. Therefore, viewing childless
parents with disdain is sinful. On the other hand, childlessness is also considered a taboo in the
Kikuyu community. The Kikuyu people believe that children are a blessing from God (ngai) and
they are highly valued in the community. Childlessness is often attributed to witchcraft or curses.
As for the Congo community, childlessness is orha burha, in that when a woman is sterile, she is
considered as cursed or she lacked the elders of respect and has not complied with societal
norms.

DIVORCE
Divorce in Luo is Weruok. It was not something that was accepted in the community neither was
it something common because a high value was placed on family and community harmony. The
only instance in which a person could remarry was if their spouse died. Even after the death of
the husband they were only allowed to get married to a brother of the deceased or someone
related to him and this was just to ensure that the lineage of the deceased lived on and that the
wife would still be well taken care of. As for the Kalenjins, the Tugens had no belief in divorce
rather, it was more of a separation. A married couple would separate and live in different houses
after a series of falling out. They will still be considered as a married couple but each would have
their own lives separately. The Islams, Divorce known as Talaq in Islam is permissible but
disliked even by God Himself. Before a couple resolves to officially divorce, attempts to
reconcile them are made and divorce is always considered as a last resolve. It is considered a
unilateral right of the man. Only a man can give the divorce. However, a woman seeking divorce
can initiate the process and ultimately it is always the man who has to pronounce.
In the Kikuyu community, divorce is not common and is considered a taboo. The Kikuyu people
believe that marriage is a sacred institution that should be respected and upheld. While for the
Congo people, divorce is kulekana. Their tradition does not allow a woman to divorce her
husband even if the husband can divorce his wife. A woman’s divorce is termed as a bad act and
the woman cannot marry another husband or still b taken as a someone’s wife.
3. Enumerate all professional malpractices that are common in your field of study.
1. Misuse of Finances
When a client pays a retainer, their attorney must put that money into a trust account. If the
attorney puts this money into his or her personal account, this can be considered financial
misuse. Of course, the most extreme example of legal malpractice related to a misuse of funds
would be of an attorney were to steal funds from their clients outright.
2. Lack of Consent
While attorneys are hired by clients to represent them in legal matters, that doesn’t mean that
they receive right when it comes to decision making. A lawyer must always have the consent of
the client before taking any legal action. In the relationship between client and attorney, the
clients outline their objectives while the attorneys put together a strategy that they believe will
allow these objectives to be reached. However, the attorney cannot proceed with his or her
strategy if the client does not consent to it. Any time an attorney acts legally without the
expressed written or verbal consent of a client, that attorney opens himself or herself up to a
potential legal malpractice claim.
3.Fraud
This one is fairly clear cut. If an attorney deceives the client or anyone else involved in a legal
process in order to obtain unlawful gain, there’s a good chance that they have committed fraud. If
a client has any reason to believe that something like this occurred, he or she can file a legal
malpractice claim against the attorney. Lawyers can use this also to get a lot of money from the
clients. This is however unjust and should be condemned by the people as a whole and the
society at large.
4. Inadequate Investigation or Discovery
One professional responsibility all lawyers take on when they agree to take a case is to put in the
proper amount of time and effort investigating their clients’ legal actions. This phase of the legal
process is referred to as “discovery,” which is a series of legal mechanisms that attorneys use to
put together evidence that will help their clients’ cases. If an attorney does not perform a
sufficient investigation and fails to discover facts that are important to a particular case – such as
failing to identify a key witness – they could be liable for legal malpractice.
5. Errors in Communication
Communication is a very important part of the lawyer-client relationship and poor
communication is one of the main reasons why clients take their attorneys to court. If an attorney
is not returning their clients’ calls and cannot show evidence as to why the lack of
communication was warranted, a claim could be filed against them. Failure to inform is one of
the most common reasons for legal malpractice claims. This means that the attorney, for
whatever reason, did not provide information to his or her client that was considered relevant or
important to a case.
6. Failure to Know and/or Apply the Law
Obviously, lawyers are expected to have a working understanding of all pertinent areas of law in
which they are practicing and the know-how to apply the law correctly. If the attorney doesn’t
apply a law correctly, misunderstands it, or fails to keep up with changes that have been made to
laws within his or her jurisdiction, a legal malpractice claim could be on its way.
7.A failure to know or apply the law
This happens most often when attorneys take cases that are outside their area of practice or
experience. Some lawyers are not well trained or in their own accord they failed to make efforts
to understand and apply the law in the right way. Hence, this may cause problems and also at
times false imprisonment of some. Hence in the law career, it is important for lawyers to take
keen interest in the practice.
8. Negligence in the discovery or investigation phase of a legal matter
Lawyers may fail to use reasonable care to identify witnesses or gather and preserve evidence.
Some lawyers can negligently investigate a matter and this is later causing a client to lose the
case. Hence, in our purpose in life as legal scholars it is important to take our work.

4. What are your future life commitments as a professional now that you know your
purpose of existence?

1. Review settlement agreement and helping in dispute resolution.

As a lawyer, I can participate in reviewing settlement agreements in the society. It is important to
note that, doing this will enable people in the society live peacefully. All these is geared towards
promoting a peaceful coexistence in the society. A lawyer can also offer dispute resolution
practices, examples are; arbitration, mediation and negotiation. As a future lawyer, I would like
to take part in these practices in order to bring people together and also offering alternatives
rather than going to be charged in the courts of law. Future lawyers should purpose to do this and
it will be beneficial to everyone.
2. Advise clients
I would also like to give proper advice to clients after doing thorough research and listening to
the facts. This is also geared towards the better dispensation of justice. Fraud and negligence in
research of cases lead to false imprisonments and also unnecessary release of prisoners. Advising
clients also need proper advises on how to address certain issues and proper legal measures
3. Offering probono services ( free representation)
As a future lawyer in the practice of law, I can offer free services to families or clients who can't
afford legal fees. Hence it seems to be right since the people who can't afford the fees are able to
get a proper and good representation. Helping people is more important than the money. As a
lawyer the objective is to help the needy and ensuring justice is served to all.
4.Teaching and offering advises to other attorneys
This is to ensure that the upcoming and also continuing legal practitioners have enough
knowledge of what they are dealing with in the field. In this everyone is able to learn from one
another. This can also reach a point of making associations where lawyers can come together and
exchange ideas on the proper directions to follow in the legal field. In Kenya, there's the law
society of Kenya. As a future lawyer I am encouraged to enter to such associations to expand our
knowledge and understanding