Clause 3.—(PERSONS RETAINING CITIZENSHIP OF UNITED KINGDOM AND COLONIES ALTHOUGH BECOMING CITIZENS OF KENYA.) (Hansard, 26 November 1963)

§ Mr. James Allason (Hemel Hempstead)
I should be grateful if I could have an explanation of the position of United Kingdom citizens under this Clause. I apologise for not being able to understand it, but there is a situation in which those who are now United Kingdom citizens and living in Kenya will find themselves if it is necessary for them to take Kenyan citizenship while they are living there. They may at some later stage wish to leave Kenya, perhaps not to come back to the United Kingdom, and may wish to revert to their United Kingdom citizenship. They are desperately worried 228 about what their situation is, whether it means they have got to come back to the United Kingdom to claim their citizenship. This is something of very great importance to them. Therefore, they would be grateful for a full explanation of exactly what their position is, because this is, after all, an amendment of the British Nationality Acts, and this is the moment when we can achieve any changes which are necessary to ensure that they have their full rights reserved.

§ Dr. Alan Glyn
I should like to emphasise what my hon. Friend has said. The whole point, briefly, is this: what happens if a person resident in Kenya wants to come back and to get his nationality back? Does he or does he not have to go through all the immigration procedure under the Commonwealth Immigrants Act, or merely state that he wishes to have his British citizenship restored, and come back immediately to this country? This is giving rise to anxiety to people in Kenya, who want to know, I say with the greatest respect to my hon. Friend the Under-Secretary, exactly what is the machinery they have to go through if they want to pack up and come back and get their British nationality. This matter is important to many people in Kenya and they would be glad to have it clarified.

§ Mr. Hornby
I am grateful to my hon. Friends for raising this point. I am aware, and I have been told by others, that this is a point which is causing concern to a number of people. Briefly, the position is as follows. I think there are two categories of people we have to consider. First, those eligible by Kenyan law to be citizens of Kenya, the terms of which my hon. Friends will find set out in pages 13 to 16 of the independence conference White Paper. Secondly, there are those who are eligible by the United Kingdom law to be citizens of the United Kingdom. That is as set out in Clause 3 of the Kenya Independence Bill.
It is the case, as has been pointed out, that the person who takes up, either automatically or by registration, Kenya citizenship will, as Kenya has decided that she does not wish her citizens to hold dual citizenship, lose the citizenship of any other country which they 229 might previously have been entitled to hold. People who are placed in that position have two years in which to make up their minds whether they wish to forfeit their Kenya citizenship or their United Kingdom citizenship. At the end of that two years they will have to take a decision.
I think that my hon. Friend's point is that this may be a very hard decision for some people whom he has in mind. I think he has particularly in mind the person who, having decided that he wishes to make his life and spend time in the new country of Kenya, and share in the building of that nation, may subsequently wish to return to this country. Will that person be able to do so in those circumstances, after having renounced his United Kingdom citizenship?
The short answer to my hon. Friend's question was given in a Written Answer by my right hon. Friend the Home Secretary last week to a Question from my hon. Friend the Member for Croydon, North-West (Mr. F. Harris), when my right hon. Friend announced that he was aware of this problem and would shortly be introducing legislation to take account of it and thus do his best to give assistance in the way my hon. Friend asks us to try to do.

§ Mr. A. G. Bottomley (Middlesbrough, East)
In welcoming the Third Reading of the Bill, I should like to take the opportunity of saying that several of my hon. Friends last Friday wanted to take part in the debate but were unable to do so because of the pressure of time. I am sure that the whole House will appreciate it when I say that my hon. Friend the Member for Wakefield (Mr. Creech Jones) in particular wanted to do so. Also, he intended coming along tonight, but, unfortunately, he is slightly indisposed. Ithink it can be said that my right hon. Friend the Member for Wake- 230 field and my right hon. Friend the Member for Llanelly (Mr. J. Griffiths) were responsible for this progressive and peaceful development which will result in the transference of power after this Bill becomes an Act. This is the final step to full independence. It is quite natural that Africans would wish to run their own country and control their own destiny. There are many Africans who recognise that a good deal of the prosperity in their country is due to the hard work of many Europeans who settled there long ago. We hope those Europeans who are going to stay behind will be able to join in the peaceful development of Kenya. We hope, too, that the close links between Kenya and this country will continue.
I will conclude by saying that I am sure all of us send our good wishes to the Prime Minister, Mr. Jomo Kenyatta. I should also like particularly to send my personal greetings to some of his Ministers because they have been friends of mine for many years past—Joseph Murumbi, Oginga Odinga and Tom Mboya. I am sure that all hon. Members on both sides of the House would wish to tell the members of the Kenya Parliament that we send them our best wishes, and that, speaking on behalf of the British nation, we send warm greetings to the people of Kenya and hope that they will enjoy happiness and prosperity in the future.

§ Dr. Alan Glyn
I only wish to say a few words because I did not have an opportunity on Second Reading of participating in the debate. I think that this is probably one of the greatest opportunities Africa has ever had for the two races to work together. If it is a success it could be a very real example to the rest of Africa. But success must depend upon a continued confidence between Europeans and Africans. If Kenya is to develop and not to have its economy entirely dependent on cotton and coffee it must have European capital. If confidence is to be preserved in the whole African continent then it is essential that the rights of Europeans are fully guaranteed.
During the Second Reading debate it was suggested that the Europeans wanted special privileges. I believe that they only want the assurance that 231 they will have equality and that their rights will be preserved, and no greater privileges than other citizens. If this equality and these rights are observed between the two races, then I believe that in future capital will be invested in Kenya. People will then have confidence in this great nation. It could mark a turning point in Africa history if the races work together for a great partnership and for the betterment of their country.
This is a great testing time for all in Kenya to set an example to the rest of Africa and to show that such a partnership can work to the betterment of all races living within the African continent.

§ Mr. Brian Harrison (Maldon)
I do not wish to detain the House for very long at this late hour, but I should like as one of the members of the C.P.A. delegation that went out to Kenya immediately after the first Lancaster House conference to wish the Government of Kenya every possible prosperity and success in dealing with their problems.
I do not think it would be right for us in this House when passing this Bill to ignore the fact that there are very great problems confronting the Government of Kenya, not only the ones mentioned by my other hon. Friends but the running sore in the north, in the Somali Province. I hope that wise counsels will prevail and that the new Government will set an example not only of racial tolerance within Kenya itself but also in the relationship between races living in Africa one with the other.
I join wholeheartedly in wishing every success to this new country beautifully poised geographically and a country which has an immense future ahead of it if only it can deal tolerantly with the great problems confronting it and realise that it is only by the races working together both inside and outside the country which will bring the promise of this country to its fulfilment.

§ Mr. Hornby
We had an interesting debate on the Second Reading of this Bill last Friday, and we have had a further opportunity for discussion this evening. We now approach the final stages of the responsibility of this House for the affairs of Kenya. As has been pointed out, the whole purpose of this Bill is to ensure that after 12th December Kenya looks after her own affairs. If legal responsibility for Kenya in this House is to go, I think that the point we want to make to Kenya is that interest in her affairs will remain.
My hon. Friend the Member for Clap-ham (Dr. Alan Glyn) emphasised the question of relationships between the races in Kenya, a problem that is shared by many other countries in different parts of the world, and if Kenya can make her contribution to the solution of this problem many people will have cause to be grateful to her.
My hon. Friend the Member for Maldon (Mr. B. Harrison) mentioned the problems of Kenya's northern boundary, and here again we shall watch with interest to see how best she can conduct her affairs in order to have satisfactory relations with her neighbours.
The passing of this Bill will not tear out the pages of history that have been writen by Britain and by Kenya during the last 70 years or so. We wish Kenya prosperity and unity, strength and tolerance, and in wishing her well for the future we trust that the links and the friendship between her and this country will continue to grow with the years.