HC Deb 10 June 1958 vol 589 cc21-3
36. Mr. Foot

asked the Secretary of State for the Colonies whether his attention has been drawn to the action of the Government of Kenya in refusing to allow a member of the Ghana Bar, who had been briefed for the defence in the trial of Mboya and others, to enter Kenya; and whether he will make a statement on the reasons for this action.

Mr. Lennox-Boyd

On 23rd May, two of the defendants informed the authorities that, as a result of an appeal for assistance which they had sent privately to the Political Union in Ghana, Mr. Sowah would arrive in Nairobi on the following day, and they asked for a visitor's pass on his behalf to enable him to enter Kenya to take part in the case.

The Governor felt this was not a case where Mr. Sowah's services were genuinely required for professional purposes. Amongst his reasons were that Mr. Sowah had not been instructed by the defendants' local advocate, who had already instructed Mr. D. N. Pritt, and had not obtained, or applied for, the Chief Justice's permission to practise in Kenya. The application for a visitor's pass was therefore refused, and in view of the resources of the local bar and the arrangements already made by the defendants for the conduct of their case, I am satisfied that they were not prejudiced by this refusal.

Mr. Foot

Is there any reason why defendants in that case should not have been allowed to select their own counsel? Is the right hon. Gentleman aware that counsel of this country freely go to Kenya and have frequently done so in recent years to appear in litigation of all kinds? Is there any reason to differentiate in this matter against the Bar of Ghana?

Mr. Lennox-Boyd

That is just what did not happen. Mr. Pritt was counsel selected. He complied with all the requirements and no difficulties were put in the way of his journey to Kenya. I think that the arrival of Mr. Sowah surprised the defendants as much as it did the Government of Kenya. He was in no sense their chosen advocate.

Mr. Bottornley

Does not this raise a wider question? Ghana is the youngest member of the Commonwealth and we pride ourselves on freedom of movement. A Ghana lawyer could have come to this country, and is it to be said that he cannot go to Kenya?

Mr. Lennox-Boyd

The action taken by the Governor of Kenya has nothing whatever to do with this particular counsel coming from Ghana. The same regulations and restrictions would apply from whatever territory he came.

Mr. Paget

Why is that so? Why does it matter whether he is briefed or not? Cannot any member of the Bar from this country who is interested in a trial in Kenya go and watch what is happening? Why on earth is this gentleman excluded from Kenya, whether he is taking part in a trial or not?

Mr. Lennox-Boyd

I think that the hon. and learned Gentleman should know about the practice in Kenya and other territories, whereby the Chief Justice himself has to give permission to practise in Kenya in the interests of the local Bar. There are at least 300 barristers there, most of whom are fully qualified to undertake a defence of this kind. An eminent silk from the United Kingdom was asked for and complied with the requirements and is now there.