§ Mr. LUNNasked the Secretary of State for the Colonies if he will give a list of all leases and licences granted under the Kenya Native Lands Trust Ordinance in 1930, 1931 and 1932, as submitted to him under Section 8, Subsection (4), of the Ordinance?
§ Sir P. CUNLIFFE-LISTERNo return was received by my predecessor in respect of 1930. The return for 1932 has not yet reached me. As regards 1931, from the copy of the return which I am causing to be placed in the Library of the House, the hon. Member will see that about half the leases were granted to missionary societies; a few to the owners of saw mills and similar plant, and two or three areas were leased for the purposes of a sugar estate.
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§ Mr. LUNNasked the Secretary of State for the Colonies when the Bill to amend the Kenya Native Lands Trust Ordinance was submitted to him by the local government; whether he suggested any amendments to the draft Bill and, if so, the nature of the amendments; on what date he approved of the introduction of the Bill; and what was the date of the introduction of the Bill in the local legislature?
§ Sir P. CUNLIFFE-LISTERThe difficulties which ultimately gave rise to the Amending Ordinance were brought to my attention by the Governor in November, 1931. In February of last year I expressed the view to the Governor that, assuming procedure by way of lease under Sections 7 and 8 of the Ordinance was impracticable, I should be prepared to consider an amendment providing for temporary excision as an interim measure without prejudice to any recommendations which might be made by the Land Commission which was then about to be appointed. During the ensuing months much correspondence was exchanged between the Governor and myself as to the form and wording of the Ordinance. On 14th November last I telegraphed my approval of the Draft Bill, which was then printed and published locally on 6th December. It was introduced into the Kenya Legislative Council on 19th December and on the following day I announced in the House of Commons that I had approved the introduction of the Bill and explained its provisions.
§ Mr. LUNNasked the Secretary of State for the Colonies whether he is aware that, under the Kenya Mining Ordinance (No. 1, of 1931) minerals obtained in the course of prospecting under a prospecting right are the property of the Government and may not be removed or disposed of except with the consent of the commissioner of mines; whether the proceeds of gold prospecting since April, 1932, in virtue of prospecting rights issued by the local government, still remain the property of the Government; if not, whether they have been disposed of with the consent of the commissioner of mines and under what conditions; and what is the total value of the gold in question?
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§ Sir P. CUNLIFFE-LISTERThe reply to the first part of the question is in the affirmative, and to the second in the negative. As regards the third part, I have no doubt that the gold has been disposed of in accordance with Section 23 of the Mining Ordinance, 1931. I have no very recent figures of the value of the gold won; the total output in Kenya during the first 10 months of 1932 was 8,112 ounces.
§ Mr. MORGAN JONESasked the Secretary of State for the Colonies how many prospecting rights were issued monthly in Kenya between July, 1931, and 21st December, 1932; whether consent to the issue of these prospecting rights was given by the Native Lands Trust Board; by whom the applications were made; the dates of the meetings of the Native Lands Trust Board when such applications were considered and consent given; whether any African members were co-opted as members of tire board to consider such applications; and whether 'any conditions were attached to the grant of these prospecting rights by the Native Lands Trust Board and the nature of the conditions?
§ Sir P. CUNLIFFE-LISTERI do not know the number of prospecting rights issued month by month. But according to the most recent estimate there are about 800 Europeans in the goldfield, including a considerable number of women and children. All prospecting rights are accompanied by a permit issued by the Native Lands Trust Board. A copy of this permit is appended. I should add, however, that the terms of the form of permit are now under review by the Native Lands Trust Board.
Mining Ordinance, 1931.
It is provided in Section 13 (i) of the above Ordinance that land within a Native Reserve is excluded from prospecting or occupation under a prospecting right except with the consent in writing of the Native Lands Trust Board and on such conditions as may be prescribed.
Permission is hereby granted to the holder of Prospecting Right No. dated to prospect within the Native Reserve in the District, subject to the following conditions:
1. All mining and prospecting operations must be conducted in such manner that, in the opinion of the Medical Officer of Health, the breeding of mosquitoes is not facilitated. All constructions and excavations (e.g., 375W dams, channels, pits, holes, woodwork or other constructions) must be allowed to remain only so long as they are actually necessary to the work in progress. On cessation of the work for a period of 10 days or more all pits, holes, etc., likely to breed mosquitoes must be effectively filled in or drained, and streams or rivers must be left with a perfect free flow in one central channel.
2. That the provisions of Sections 13, 16 and 26 of the Ordinance be strictly observed.
3. That a deposit of £25 be made as a security for all claims that may arise.
4. That the bolder of a claim under Part III of the Ordinance shall have the right to reside in the Reserve on payment to the District Commissioner of the District on behalf of the Local Native Council the sum of 50 cents per diem, or alternatively of a sum not exceeding shillings seven and 50 cents per mensem in accordance with Section 8 (3) of the Native Lands Trust Ordinance.
Issued at Nairobi,
This day of 1932. (Signed)
Chief Native Commissioner,
Commissioner for Local Government Lands and Settlement,
Secretary to the Central Lands Trust Board,
On behalf of the Central Lands Trust Board.
I hereby agree to the above conditions. Signature.
Counter-signature.
Provincial Commissioner.
§ Mr. JONESasked the Secretary of State for the Colonies, whether he will publish, as a White Paper, the correspondence which has passed between him and the officer administering the government of the Colony and Protectorate of Kenya with regard to the discovery and working of gold in Kenya, and the measures to be taken in relation thereto with a view to the development of the gold-field and the protection of native rights?
§ Sir P. CUNLIFFE-LISTERNo, Sir. In my statement yesterday, I informed the House very fully of the measures which have been taken, and the circumstances in which those measures were taken. I am sure the House will appreciate that it would be contrary to precedent and most inexpedient that correspondence between the Secretary of State and a Governor, much of which must be confidential, should be liable to publication.
§ Mr. JONESasked the Secretary of State for the Colonies whether the 376W Governor of the Colony and Protectorate of Kenya has co-opted one or more Africans as members of the Native Lands Trust Board (Central Board), in accordance with Section 3 (2) of the Native Lands Trust Ordinance, 1930; and, if not, on what grounds?
§ Sir P. CUNLIFFE-LISTERNo, Sir. As I explained to the House yesterday, there are obvious difficulties in appointing to a board which is responsible for all the native reserves in the colony and which must take into account possible conflicts of native interest within a reserve a native who might be held to represent one particular tribe, or one sectional interest.