§ 16. Mr. MALLALIEUasked the Secretary of State for the Colonies whether gold, either alluvial or reef, has been discovered by prospectors in Kenya in any, areas of the reserve not open to prospecting; and, if so, how the prospectors gained access to those areas?
§ Sir P. CUNLIFFE-LISTERGold has been discovered by prospectors in areas at present closed to prospecting. The discoveries were made before the areas were closed.
§ 17. Mr. MALLALIEUasked the Secretary of State for the Colonies whether, under the mining ordinance in Kenya, a grant of a claim gives possession of the area comprised in it for the period of its duration; and whether any mining claims 1161 have been granted in the Kavirondo reserve prior to or subsequent to the amendment of the Native Land Trust Ordinance?
§ Sir P. CUNLIFFE-LISTERNo, Sir; the registration of a mining claim over a piece of land does not affect the ownership of the land. The holder of the claim has the right to enter upon the land, to prospect or mine thereon, and to remove therefrom and dispose of the minerals won. Compensation is payable by the claim holder to the owner or occupier for any disturbance of his rights and for any damage done to the land or to the improvements thereon. Claims have been registered in the Kavirondo Reserves both before and after the passing of the Native Lands Trust (Amendment) Ordinance.