HC Deb 21 February 1935 vol 298 cc534-5
65. Major MILNER

asked the Secretary of State for the Colonies whether he can assure the House that no action has been or will be taken, unles and until authorised by Order-in-Council, to evict or molest native African village communities in Kenya at present enjoying rights of occupation and cultivation in the European highlands under the sanction of statutory law contained in the Crown Lands Ordinances of 1902 and 1915?

Sir P. CUNLIFFE-LISTER

The hon. and gallant Member will see from the Carter Commission's Report that they consider that the interests of the natives themselves who have rights under these Ordinances (between 200 and 300, including women and children) would best be served by the payment of cash compensation for disturbance, through the local native councils, and their establishment on land within the reserve to which substantial additions are to be made. No native who has a statutory right could be compelled to move without statutory authority, but it will, of course, be open to the Kenya Government to proceed by way of agreed arrangement, and in view of the fact that the commission consider that a just and permanent settlement of these questions of private rights is of paramount importance to the future peace and prosperity of the tribe, I am sure it would not be suggested that the Government of Kenya should be precluded from making such arrangements.

Major MILNER

Is the House to understand that the right hon. Gentleman will not give the assurance asked for in the question?

Sir P. CUNLIFFE-LISTER

I think I have given a very fair statement of the case. I have said that a legal right obviously cannot be interfered with except by a legal enactment, but if a mutually satisfactory agreement is arranged, it can, and I think obviously should, be carried into effect.

Mr. PALING

Do I understand that unless the natives concerned can come to an agreement and agree to be shifted, they cannot be shifted?

Sir P. CUNLIFFE-LISTER

They certainly cannot be shifted unless there is a statutory enactment for that purpose, but, if the hon. Member will read the whole of the report of the commission—and I do not think anyone can appreciate it without reading the whole of it—he will see how very strongly the commission think that it is in the interests of these natives themselves that they should be compensated and settled among their own people.