§ 52. Mr. Grimondasked the Secretary of State for the Colonies if he will hold inquiries, other than the military court of inquiry, into incidents which suggest that security forces in Kenya have exceeded their instructions and used unnecessary violence.
§ Mr. LytteltonI understand that there are a few cases at present under investigation by the Attorney-General, Kenya, with a view to prosecution. If the results of these investigations show that such an inquiry would be desirable, I shall consider the matter in consultation with the Governor and the Commander-in-Chief. I must, however, remind the House, as pointed out by my right hon. Friend the Secretary of State for War, that there is an essential difference between a military court of inquiry and a civil commission of inquiry. In the latter 366 case no witness can be compelled to give evidence which might incriminate himself.
§ Mr. GrimondI should like to thank the right hon. Gentleman for that promise. Has the right hon. Gentleman noticed that, according to the terms of the military court of inquiry, it will be precluded from examining other incidents which the Secretary of State for War admits have been brought to his attention, and does not he agree that it is most essential that these other incidents, of which the case of Elijah is one, should be investigated?
§ Mr. LytteltonI do not think that the hon. Member has given full weight to what I have said. The reason why the terms of reference under a military court are different, is that the witnesses are protected under the Army Act against prosecution for anything they might say which might incriminate them; but that is not so in a civil inquiry.
§ Mr. GrimondI appreciate that, but is not it most necessary that these other incidents should be investigated by some form of inquiry?
§ Mr. Anthony GreenwoodCan the right hon. Gentleman say under what circumstances inquests are held on deaths caused under these conditions?
§ Mr. LytteltonInquests are held upon the orders of the local magistrate.