§ 19. Mr. MORGAN JONESasked the Secretary of State for the Colonies if his attention has been called to the sentence of death passed by a Nairobi court, on Odongo, a member of the Kavirondo tribe, for the murder of a white resident; whether he has had the papers relating to the case before him; whether there have been other murder charges where the views of the native assessors were 949 over-ridden by the presiding judge; and whether he contemplates any alteration of the existing law on the matter?
§ Sir P. CUNLIFFE-LISTERYes, Sir, though I have not received the record of the court proceedings. I am not aware whether there have been other murder charges in Kenya where the finding of the Court has been at variance with the opinions recorded by the assessors, but the court is not bound to conform to such opinions. No alteration of the law is in contemplation. I ought to add that this case was carried on appeal to the East African Court of Appeal and that the appeal was dismissed.
§ Mr. JONESBefore sentence is carried out in this case, is it necessary for the right hon. Gentleman to give final approval to it; if so, will it be possible for him to ask for the papers to be sent to him personally so that he can look into them himself?
§ Sir P. CUNLIFFE-LISTERNo; the hon. Gentleman is under a complete misapprehension as to the constitutional course of procedure. The exercise of the prerogative of mercy is the responsibility of the Governor, and not of the Secretary of State.