HC Deb 27 June 1956 vol 555 cc477-8
39. Mr. J. Johnson

asked the Secretary of State for the Colonies if he will take steps to ensure that the ages of African Kikuyu girls are ascertained by medical examination before being finally sentenced in court in Kenya; and when it is his intention to provide an approved school for female convicts under 16 years of age in this Colony.

Mr. Lennox-Boyd

As I mentioned in reply to the hon. Member's Question on 20th June, research into the problem of determining the age of an African juvenile has so far disclosed no method of making an exact determination by medical examination. It would therefore be unwise to place exclusive reliance on medical evidence. Where the age of the prisoner is relevant to the sentence the courts have a duty to determine, on all the evidence available, including medical evidence if the court considers it advisable, whether an accused person is a child—under 14—or a young person—14–17 inclusive—and they always give the benefit of any doubt to the accused.

Female prisoners under the apparent age of 16 years are held in a special compound at Kamiti prison which has all the facilities of an approved school and is supervised by a female rehabilitation officer. The Kenya Government propose to transfer this compound from the control of the prison authorities to that of the Principal Probation Officer as an approved school.

Mr. Johnson

Without commenting on the allegations or arguments made by Miss Fletcher, may I ask whether it is not a fact that if Kenya had an approved school for girls—either for girls under 14, or for girls over 14—as there is for boys, 90 per cent. of the time and temper of the House in the last few weeks would not have been expended?

Mr. Lennox-Boyd

It would be a good thing if there were such a school, but I am not so hopeful as to believe that that by itself would stop misrepresentation.

Mr. Paget

In view of the fact that the Mau Mau situation is now well in hand and that there are no facilities to look after these 16-year-old girls properly, may I ask whether the safety of the Colony really requires us any longer to keep them detained or in prison? Why cannot they have an amnesty and be let out?

Mr. Lennox-Boyd

The Mau Mau situation is largely in hand because of the courage and sense of duty of the people of Kenya, and I think that the Kenya Government can be trusted in this as in other regards.