§ 17. Mr. MITCHELL-THOMSONasked the Secretary of State for the Colonies what is the present position in regard to the proposed transfer of the Masai from the Northern Reserve?
§ Sir W. BYLESThere has been a great deal in the newspapers about this. May I ask whether the Colonial Secretary has any correspondence or information on the subject which he can give to the House?
§ Mr. T. E. HARVEYIs it not a fact that recently the High Court of British East Africa granted an injunction against the Attorney-General that the transfer should not be completed while the action brought by certain Masai was pending, and is it not also a fact that an appeal has been, or will be, lodged against the decision of the Court that it has no power to try this action?
Mr. HARCOURTIt is a fact that an injunction was issued by the Court, but it was issued three days after the whole transfer had been completed. As to the 1604 appeal, I have heard that one may be lodged, but I know nothing officially of that. If it is being lodged I should not wish to discuss it, the matter being sub judice.
§ Mr. HARVEYIn view of these facts, will the right hon. Gentleman lay further Papers as to the action of the Government in completing the transfer when it was known that, at the time such transfer was being made an injunction was being sought against it; and does he not consider this to be a grave matter of public interest which demands further information?
Mr. HARCOURTThe transfer was going on months ago. It was only the conclusion of the transfer that was taking place when the action was raised.
§ Mr. HARVEYIs the right hon. Gentleman aware that there have been continual protests against the transfer, and that this is the first opportunity there has been for its being brought before the Law Courts, and will he reconsider his decision as to the publication of Papers?