HC Deb 05 April 1960 vol 621 cc173-4
18. Mr. Swingler

asked the Secretary of State for the Colonies if, in the light of the new political situation in Kenya, he will reconsider the recommendations of the Fairn Report, so as to allow the remaining detainees an opportunity to prove their innocence and to permit them to be represented when their cases are reviewed.

Mr. Alport

The new situation, although most welcome, has not altered the need for the continued control over those who are attached to Mau Mau or the considerations which led to the recommendations of Mr. Fairn and his colleagues. As my right hon. Friend told the hon. Member on 16th February, these included recommendations that a quasijudicial review was preferable to formal judicial process, and that neither the Kenya Government nor the detainees should have legal representation. These recommendations are still valid.

Mr. Swingler

Now that Africans have joined the Kenya Government, would it not be possible to take steps to end the system of arbitrary detention? Would it not be possible to give those detainees against whom charges cannot be proved in the courts the judicial right to come forward in order to prove to the Review Commission their innocence, the fact that they have not been connected with Mau Mau?

Mr. Alport

I do not think that the problem has changed since the recommendations of Mr. Fairn and his colleagues were made. The hon. Gentleman and the House will recognise that the difficulties that arise concerning the intimidation of witnesses are perhaps no less great at present than they were when these recommendations were made.

Mr. P. Williams

Will my hon. Friend give an assurance to the House that, whatever else may be done, nothing will be done to endanger the lives or property of people who are known as loyal Africans?

Mr. Alport

As I said in answer to an earlier Question, the position of those who were of assistance to the Government during the emergency is extremely important. When considering the cases of each of the individuals who are detained, or indeed restricted, their attitude to rehabilitation and the security situation are borne in mind.

Mr. S. Silverman

Speaking of particular detainees, what is now the reason for the continued detention of Jomo Kenyatta? Is he not a very old and sick man? Has he not long ago served the sentence which was inflicted upon him by a court? Is there any reasonable explanation for keeping this man in his present situation?

Mr. Alport

If the hon. Gentleman wishes to have an Answer to that Question, he should table it.