§ 23. Mr. Brockwayasked the Secretary of State for the Colonies what action Her Majesty's Government propose to take arising from the judgment of Mr. Justice Cram in the Supreme Court of Kenya that the Kikuyu Home Guard is illegal and that it is very doubtful whether its members have the right to carry firearms; and if he will place a verbatim report of this judgment in the Library of the House of Commons.
§ Mr. Lennox-BoydFollowing the doubts expressed by Mr. Justice Cram, the Kenya Government have examined the legal position of the Kikuyu Guard. Their view still is that its members were appointed as special tribal police and had the powers and rights conferred by the Tribal Police Ordinance and certain Emergency Regulations. The right to carry arms is specifically accorded by Section 8A of the Tribal Police Ordinance.
In any case, the status of the Guard is now beyond doubt since its reorganisation into regular tribal police, a new tribal police reserve and village watch and ward units is now almost complete. Any doubts about the former position of the Guard could, of course, only finally be resolved in the courts. A verbatim copy of the judgment, except that part delivered in camera, is in the Library.
§ Mr. BrockwayCould the right hon. Gentleman say how it is that a certain part of this judgment was delivered in camera? Are not Members of Parliament entitled to be aware of the whole of the judgment made in the Supreme Court in Kenya?
§ Mr. Lennox-BoydThere was, so far as I know, what is virtually an unprecedented situation, in that a copy of the judgment given in camera was obtained by some unknown means and published in the Press without authority, as I think many hon. Members know. I feel that this is a matter affecting the judiciary in Kenya, and I am not prepared by publication to give even tacit approval to such a gross breach of the proprieties.