Native Lands in Kenya

Abstract

ANY apprehension that the rights and sentiments of the Kenya natives in the matter of their lands are likely to be endangered by future government action, taken without full knowledge, should be allayed by the Report of the Kenya Land Commission which has now been issued with a White Paper stating the views of the Government. (Cmd. 4556, 11s. and Cmd. 4580, 2d.) The appropriation of a part of the native reserve in the development of the Kakamega gold-fields, notwithstanding arguments advanced in justification, aroused a feeling of uneasiness and a fear lest any policy of development, however short-sighted, might in future be allowed to override obligations or measures framed to preserve the integrity and ultimate stability of native society. The report of the Commission and the supporting body of evidence, which examine native claims relating to the land in detail, tribe by tribe, provide a permanent record defining the position in native land tenure, and at the same time, by recommending that the Native Lands Board no longer exercise administrative functions but be devoted entirely to the office of protection—a recommendation accepted by the Government—ensures that, given a satisfactory constitution of the Board, the interests of the native as determined in this combination of Domesday and Magna Charta, shall not go by default. Further, the Board is given the power of veto over leases of land exceeding ten acres in extent. The principle of leasing is to take the place of exclusion of land from the reserve and exchange, the land thereby remaining part of the reserve. This, together with the requirement that native opinion shall be consulted, is not only in harmony with the sentiment and practice of the natives, but also avoids the more objectionable features which have hitherto appeared in land development.