HC Deb 08 March 1933 vol 275 cc1179-80W

asked the Secretary of State for the Colonies whether any amendment has been made to Section 13 (1) of the Mining Ordinance in Kenya whereby native reserves are excluded from prospecting save with the written consent of the Native Land Trust Board; whether the opening of any part of native reserves to prospecting is subject to the approval of the Secretary of State and requires notification in the Government Gazette; and whether, and at what date, the Kakamega's area was so declared and with what limits; and whether those limits have been since enlarged?


Sub-section 13 (i) of the Mining Ordinance of 1931 has been amended by the addition of the following:

The Governor, at the request of the Native Lands Trust Board, may appoint any Provincial Commissioner to be the delegate within his Province of the Native Lands Trust Board for the purposes of giving the consent in writing required by this paragraph.

The Ordinance does not require the previous approval of the Secretary of State before any part of a reserve is opened, nor is a, Gazette notice required unless the area in question has previously been closed by Gazette notice. So far as I am aware, the Kakamega area was never formally declared open, no such formality being necessary. On 19th March, 1932, an area of 5,900 square miles covering the rest of the Kavirondo Reserve was formally closed to prospecting, and still remains closed.

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