§ 55 and 56. Mr. Elwyn Jonesasked the Secretary of State for the Colonies (1) the costs of the defence at Eldoret, 180W Kenya, of two African boys charged with unlawful entry on enclosed land in criminal case No. 2739/54; whether, at the hearing of their successful appeal, application was made for payment of those costs; and what order was made by the appellate court as to costs.
(2) whether he will inquire into the circumstances under which a sentence of twelve strokes with a light cane, passed at Eldoret, Kenya, on an African boy in criminal case No. 2739/54 was carried out before the hearing of his appeal, which was successful; and what are the provisions for payment of compensation in such cases.
§ Mr. Lennox-BoydThe two eldest boys were not legally represented at their trial at Eldoret but their employer engaged counsel to represent them on appeal when compensation was claimed. The judge correctly held that he had no power to award compensation but there may be grounds for a payment to one of the two boys, and the Governor is considering that. Sentence on the youngest boy was carried out because no appeal lies from such a sentence. There are no legal provisions for compensation in such a case but the Governor is considering the question of anex gratia payment.