HC Deb 24 November 1959 vol 614 cc174-5
4. Mr. Brockway

asked the Secretary of State for the Colonies when it is proposed to end the state of emergency in Kenya and to release from detention Mr. Jomo Kenyatta, who has concluded his prison sentence, and Mr. Achieng, ex-Senior Chief Koinange, and others who have been acquitted by the courts.

Mr. Iain Macleod

I would refer the hon. Member to my statement of 10th November.

Mr. Achieng Oneko, ex-Senior Chief Koinange and other persons whose movements are restricted under the Emergency Regulations will have their cases reviewed by the Special Commissioner and, if he is unable to recommend release, by the Advisory Committee.

Mr. Jomo Kenyatta and his associates, however, are in a different legal category, since they are restricted under substantive law on the recommendation of the Court.

Mr. Brockway

Does the right hon. Gentleman seriously contemplate that Mr. Kenyatta, who has finished his sentence, shall be detained for the rest of his life, when Nazi criminals are now free and in positions of authority? Is he aware that both Mr. Achieng and ex-Senior Chief Koinange are known to many Members of the House and that we are completely convinced that they never had anything to do with Mau Mau outrages or obscenities?

Mr. Macleod

In respect of Mr. Achieng Oneko and ex-Senior Chief Koinange, I think that the best method is to go through the procedure which I have outlined. This review has already been started by the Special Commissioner, though it has not yet been completed. Mr. Kenyatta and his associates were not affected by the announcement which I made about the end of the emergency, because their restriction, to which no term was set, was as a result of the recommendation of the court.

Mr. J. Hynd

Is the Minister aware that there are reports in the Press to the effect that Kenyatta is detained because he was proved to be a leader of Mau Mau terrorists? Will the Minister publicly correct those allegations?

Mr. Macleod

Kenyatta's conviction was accompanied by a recommendation by the court that afterwards he should be restrained, and that was accepted by the Government, and it is under the terms of that, not under emergency powers, that it is carried out.

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