Orders of the Day — Kenya Independence Bill

Part of the debate – in the House of Commons at 12:00 am on 22 November 1963.

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Photo of Mr Richard Hornby Mr Richard Hornby , Tonbridge 12:00, 22 November 1963

If the hon. Member will allow me, I shall leave points about immigration and others which might come up at this stage, because otherwise I might get involved in a rather lengthy argument covering other aspects.

Clause 5 terminates the position whereby grants under Section 1 of the Colonial Development and Welfare Act, 1959, could be made to the East African Common Services Organisation. This Organisation serves Tanganyika, Uganda and Kenya. Despite the fact that Tanganyika and Uganda have already achieved independence, provision has been made whereby grants and loans could be made to the Organisation. Now that Kenya also is to become independent it is no longer appropriate to extend aid to the East African Common Services Organisation under the authority of this Act.

Clause 6 deals with the Judicial Committee of the Privy Council. As hon. Members will know, particular importance was attached during the Lancaster House Conference last year to maintaining the right of appeal to the Judicial Committee of the Privy Council, especially in cases affecting the interpretation of the constitution and the fundamental rights of the individual. In this connection it was thought appropriate that the Judicial Committee of the Privy Council should have the jurisdiction and powers of a court under the law of Kenya. Clause 6 enables this to be done.

Subsection (1) empowers "Her Majesty in Council, by Order made before the appointed day," to confer the appropriate jurisdiction upon the Judicial Committee of the Privy Council in respect of appeals from the Kenya courts and matters concerning removal of judges. Subsection (2) enables the Order to provide for the class of cases subject to appeal. Subsections (3) and (5) are procedural and consequential. It is intended that the necessary provisions under this Clause should be made in the Independence Order in Council which will establish the new Constitution.

Clause 7 removes from the courts which derive jurisdiction from the law of Kenya the ability to make decrees for the dissolution of a marriage by virtue of the Colonial and Other Territories Divorce Jurisdiction Acts, unless proceedings for the decree were instituted before the appointed day. This is consistent with Kenya's independent status and in accordance with precedent. Subsections (3) and (4) are purely procedural and interpretative and Clause 8 is interpretative.

I should like to close with some words which appeared in the Report of the Kenya Constitutional Conference, 1962: Our objective is a united Kenya nation, capable of social and economic progress in the modern world, and a Kenya in which men and women have confidence in the sanctity of individual rights and liberties and in the proper safeguarding of the interests of minorities. That has been the constant aim of the British Government in the preparations for Kenya's independence. In three weeks' time, under the terms of the Bill and with the approval of this House, the Government of the United Kingdom will cease to hold responsibility for the government of Kenya. The future will then rest with the Ministers and people of Kenya. In commending the Bill to the House, I wish them well in their task.