§ 38. Mr. Footasked the Secretary of State for the Colonies whether he is aware that in Kenya the right to trial by jury is confined to Europeans and denied to Africans and Asians; and what steps are proposed to remedy this situation.
§ Mr. Iain MacleodYes, Sir. The Kenya Government recently considered the possibility of extending the right to trial by jury to all races, but decided that at present practical considerations make such an extension impossible.
§ Mr. FootIs the right hon. Gentleman aware that this form of inequality before the law occasions great resentment among the non-European races in Kenya? Will he consider discussing this question with the African and Asian elected members when they come to London in January?
§ Mr. MacleodThe hon. and learned Member must not assume that I am out of sympathy with this Question. I am not. I fully understand the matter. The practical considerations thrown up are that, taking the 1957 statistics, it could mean an additional 52,000 supreme court trials each year. I certainly agree that this is a matter which is unsatisfactory in its differentiation and ought to be kept under close review.
§ Mr. PagetIs it not a fact that before European juries it has in practice proved almost impossible to get convictions of Europeans in cases where the victims have been Africans? Is not the lesson here that in a multi-racial society trial by jury is an unsuitable method?
§ Mr. MacleodI should not like to comment on the way that the hon. and learned Member puts his supplementary question without a much more detailed examination than so far I have been able to make.