THE KENYII QIJEST/fJN: lin lllrictln llnswer by Tom Mboya Fore~ord by Margery Perham TWO SHILLINGS & SIXPENCE FABIAN COLONIAL BUREAU TOM MBOYA is Secretary of the Kenya Federation of Labour, and has just completed a year at Ruskin College. FABlAN TRACT 302 FABIAN COLONIAL BUREAU 1 L Dartmouth Street. S.W.1 Note.-This pamphlet, like all publications of the FABIAN SOCIETY, represents not the collective view of the Society but only the view of the individual who prepared it. The responsibility of the Society is lilnited to approving the publications which it issues as worthy of consideration within the Labour Movenzent. 5eptember, 1956. Foreword I I MUST BEGIN with two explanations. The first may sound a little ungracious to the publisher as it is really an apology for writing in a political production. This is against the rule which, as an academic worker, I have set myself. It is due to my having very much wished to introduce this pamphlet to readers and to n1y finding that the writer was already committed to publication through the Fabians. For myself the Kenya problem is not a party matter and I am convinced that we shall be unable to help Africa in the next difficult twenty years unless we can maintain, at least in large measure, an agreed policy. My second explanation is that my desire to write an introduction to this pamphlet does not mean that I endorse the whole of it. Mr. Mboya and I agreed upon the same terms under which I had the opportunity to introduce Mr. Awolowo's book, The Path to Nigerian Freedon1. 1 These are that I would not ask the writer to revise his views in order to satisfy me but that he on his side was prepared to let me write whatever I wished, even in disagreement. My motive in both instances was the same, the desire that the views of Africa's potential leaders should be widely read and, if possible, sympathetically understood . An African Speaks [ commend this pamphlet to the serious study of all those concerned with the affairs of Kenya. The peoples of that country have justsuffered terribly in life and wealth from an outbreak of ferocity. The important psychological study of the Mau Mau rebellion by Dr. Carothers,2 to which not nearly enough attention and publicity has been given, shows that the movement was a sudden ignition from the discontents which had accumulated their intensest heat among the Kikuyu but which, from the same deep cause. may exist in greater or lesser degree among the other tribes. In brief, this cause is the almost intolerable sense of frustration suffered by an isolated tribal people when suddenly dominated by a superior civilization because thi at once destroys the basis of their old society and at the same time seems to forbid entry into the new. The stern and necessary repression of disorder by heavymilitary action has stamped down the forest-fire of Kikuyu violence; and it is probable that for a time there may be a period of quiescence. But the embers are still there and unless Africans can find an outlet in public and organized definition of their inchoate fears and needs the spark may rekindle again and this time over a wider area. In this pamphlet we have the attempt of an African who, incidentally, is not a Kikuyu, to explain the attitude of men of his race in Kenya and to put forward clear-cut proposals for reform and political advance. A 1 Published by Faber 1947. 2 J. C. Carothers, The Psychology of Mau Mau (Nairobi 1954). man such as this should be given a serious hearing and a full opportunity to contribute his ideas to the intense political discussion by the other races which has been evoked by the coming elections. If this is denied, others, less rational and experienced than he, may be driven back to the underground method and blow up the hidden fires of discontent. The Author 'A man such as this?' But what sort of man is he? He is a Luo from South Nyanza. For three years he has held the post of general secretary of the Kenya Federation of Labour, a body which, like its constituent unions, is still young and inexperienced but is drawing upon expert help and advice from outside Kenya. In 1954. he visited India and Pakistan. In 1955 he was a delegate to the Inter-African Labour Conference at Beira of the Committee for Technical Co-operation in Africa South of the Sahara. In Kenya he has been a member of the Labour and Wages Advisory Board and the Rural Wages Committee, and has been the local representative of the International Confederation of Free Trade Unions. From 1951-3 he worked as Health Inspector for the City Council of Nair obi and in 1953 founded the Kenya Local Government Workers' Union. In 1955 he mediated, very effectively I understand, in the Mombasa dock strike and helped the dockers to put their case to the tribunal. His work has naturally brought him into contact with many parts and peoples of Kenya. With the help of the Workers' Travel Association he has just spent the academic year 1955-6 studying at Ruskin College, Oxford. He is spending the summer partly in Belgium at the headquarters of the I.C.F.T.U. and partly in the United States before returning to Kenya in the early autumn. I have given Mr. Mboya's record in order to show that he is a travelled man with much practical and administrative experience and with a down- to-earth knowledge of labour conditions in Kenya. He has also the advantage of youth: he is still only twenty-six. In Britain he has made many friends. He has met a number of political leaders and members of Parliament. He has been frequently in London and he listened to the recent important debate on Kenya in the House of Commons on June 6th. In Oxford he has taken part in discussions and seminars with post-graduates upon subjects connected with his own field, and has held his own. He has a clear head and a quiet restrained manner. He is a fluent speaker but as far as my experience goes, avoids emotion and maintains a very rational manner. When I heard him at a recent conference in London I was surprised at the end of his speech to see that he had spoken for 80 minutes; so completely had he held my attention that I had not been aware of the time. I should judge that he has a steadiness of character and a very strong will, but time alone can prove this. A Fair Hearing I expect that some of those who read this, especially in Kenya, will deplore this published appraisal of a young man on the grounds that it will turn his head if, indeed, it is still straight. I do not think it will. ln any case he has had the compliment of serious attention in so many quarters, British and foreign, where people are eager to make contact with the mind of young Africa, especially hitherto almost silent East Africa, that these few additional words of mine are unlikely to affect him. And it is very important that these words should be said. The possibility that Mr. Mboya will become conceited is far less dangerous than that he, and other responsible African leaders, should be faced with prejudice and refused a fair hearing. This statement is not a piece of political blackmail, as it might be in a normal country. For Kenya is not a normal country. It is highly abnormal and is at this moment, with the non-African and the first African elections imminent, moving into a gravely testing period. Africans stand desperately in need of intelligent leaders who know something of the world beyond East Africa. Many of the older chiefs who showed such courage and loyalty during the emergency are not, unfortunately, qualified to take part in central political affairs. It is the educated men who are likely to be elected. There are few enough of these and they are unavoidably ·young and inexperienced. They need, not necessarily agreement, but an understanding of their views and of their difficulties. II In this foreword I have no intention of plunging into the middle of Kenya's problems and volunteering detailed remedies. I want rather to speak of the approach to these problems and the need to understand their nature and their setting in the world of today. Need for Understanding Seen close up from the farms and the lovely downs and forests of the White Highlands or the villas and clubs of Nairobi, the Kenya problem seems, to judge by much that is being said there today, to be an African problem -the threat of the Africans to the established political and economic position achieved over some fifty years by the European minority. Hence arises a siege mentality, with all its deep feats, its defiance, it~ Isolation, its spoken or unspoken vow of blood- brotherhood between the defenders to show total solidarity and the highest courage to the end. But fron1 the wider outside view of most of the rest of the world Kenya presents not an African problem but a settler problem. The settlers' position certainly appears one of great danger, even of siege, but it is a siege of the high citadel of privilege and domination which they occupied easily in circumstances which are rapidly passing away, ~ process which cannot be reversed and can hardly be delayed in the world of 1956. Courage and defiance from behind the walls of this citadel shut out realities more effectively than dangers and are not appropriate to the situation. Constitutions which embody the domination of an immigrant racial minority over millions of the indigenous peoples, have been throwp. on the defensive even in South Africa; are in the melting pot in Central Africa, and are being bloodily attacked in Algeria. Such a system of minority rule is certainly untenable by less than 50,000 whites in the very heart of negro Africa. Most of the subject peoples, including those of eastern Africa, with the approval or support of nine-tenths of the rest of the world, are beginning to move towards self-government with majority rule. Is it likely that any native population will for long continue to accept the accident of white settlement as a reason why what is given to their brothers, sometimes literally their tribal brothers just across a border, should be denied to them? The courage that is needed in Kenya today is the courage not to make a last stand but to take the first steps which these hard facts demand. No Prejudice or Hostility The people in Britain who, by and large, accept this view, are almost certainly a large majority of those who have any knowledge of Kenya. With few exceptions, they are not, I am sure, moved by any prejudice or hostility towards the settlers. It is important to repeat this because many Europeans in Kenya seem to be lashed into an unreasoning anger by a sense that they are the victims of some kind of plot or deliberate animosity. Those who make an unpromising assessment about the future of the settlers' privileged position are neither responsible for the factors they assess nor necessarily pleased by them. Speaking for myself, from my first visit to Kenya twenty-five years ago I believed and said that the special position of the settlers was unjust to other races and in the long run untenable. But I have been more inclined to blame, not so n1uch the individual settlers who have made their beautiful and productive farms on these highlands, but British governments and governors who allowed them to build up also a political position which contravened British ideas of justice and democracy. A desperate eleventh hour attempt by the settlers, or a large section of them, to hold this position against all the forces which are ranged against them in Kenya, in East Africa, in Africa, in Britain and in the world, can end only in failure, but in a failure which may destroy any hope of maintaining white settlement or even the British connection. Inevitable Change It is not difficult to see that to many Europeans who have spent a lifetime or the best part of it in Kenya, the demand of the Africans to advance towards majority rule -for that is the main sense of this pamphlet -must seem a dangerous madness. They see the ignorance of the African servants and labourers, the inefficiency of their agriculture, their unpunctuality and unreliability in the setting of modern conditions. Their minds are still full of the bestialities of Mau Mau committed on their doorstep, threatening all and destroying some of their own number. They regard with horror the possibility of passing under the control of the Africans. Of course, these fears are not without much reason. Students of history or sociology, indeed any thoughtful onlookers, would possibly agree that it would have been much better if negro Africa could have had another century at least of British rule, of order, education, unification, economic development, at the hands of beneficent and expert trustees. But -and this is where the approach is all-important -we cannot have these desirable condition . We have to make terms with things as they are, however unplea ant or even dangerous. Peopleundergoing Africa's deep social changes, which will accelerate with each acceleration of economic development, cannot be kept psychologically static. This means that they cannot be kept in a state of arrested political development. As a people we British are lacking in foresight. Let us then close our eyes and try to imagine the position in Kenya ten or twenty years ahead. For one educated and travelled Mboya there will be a hundred or more and scores of highly educated graduates from Makerere and elsewhere many of whom will, I hope, have rounded off their education in Britain. These men and women will be increasingly in touch with all those centres in the world, in Europe, Asia, the Middle East and America, from which they can draw help and political encouragement. Unless they can be convinced that they can completely fulfil their natural hopes for greater dignity and welfare for themselves and their people within a parliamentary constitution and within the British association, they will set to work not to 1nake Kenya a most of us wish to see it but to break it. Unavoidable Risks The mistake made by many of those who refuse to face these possibilities is that we who try to do so are wholly deluded about African capacities and the ea e of the courses we recommend. This is not so. No honest observer can be blind to the grave problems and dangers of disunity, corruption and the rest, which threaten the newly emancipated countries in Africa. But we must ask whether British governments, once ambitions for self-government had been aroused, could have averted these dangers and solved these problems. We are trying to deal with situations which, because of the backwardness of Africa, have no precedent. But it seems that there comes a moment when Britain can no longer effectively govern a subject people against the will of the educated minority. Once that position is reached we find we have to go with and not against their ambitions. There should. therefore, come first a period of vigorous preparation for self-government and then another period, the longer the better for them, though difficult enough for us, when we begin transferring power while still supplying trained staff and retaining ultimate powers of security. Perilous work indeed! But let us remember that, even if we consider the date for emancipation is premature, the goal itself is in line both with our own principles and our declared colonial policy. It may be countered that there are ruling minorities in Africa and elsewhere who, by uncompromising repression of their subjects or by insulating them from outside influences, appear to be able to avert the political changes we have been discussing. But here again we must accept the environment within which we have to work. Part of that .. is the British policy of colonial emancipation, the freedom of our politics and press with all their repercussions upon Africa. The British, in other words, are by character and constitution, incompetent repressors and had therefore better try something else in good time. Dangers of Extremism If this is true, the things which many Kenya settlers are todaydenouncing as dangers are really their safeguards. The experienced and educated African leaders, such as the author of this pamphlet, stand in as much danger from violent African extremism as do the Europeans or the Indians. The tragedy is that with the late and all-too-rapidopening up of Africa to the west -the abnormality which underlies all others and which should never be forgotten -these leaders are still so few. They are trying to be rational, having made the great struggle against poverty, language and the rest, to master knowledge of their world; they have to stand at the head of the African masses, and try to canalize their often blind and dangerous discont~nts into legitimate political action, and to turn the almost indefinable revolt against inferiority into a practicable party programme. The position of these leaders will be made almost hopeless if they are confronted with personal contempt and utter political negation by the leaders of other races in Kenya. If they should be treated thus the only thing that might still help them to keep to the narrow and difficult pathof constitutional action is the knowledge that in Britain, if not in Kenya, there are politicians who will support them and friends who have faith in them. I have known African leaders from west and central as well as eastern Africa. So far, I believe that all of them would prefer to take what they need -and they will acknowledge the extent of their need if it is not forced upon them as a means of humiliation -from Britain rather than from anywhere else. But they are in a hurry, not necessarily from sheer ambition -though why should personal ambition be regarded as a crime in African politicians? -but because the tide of nationalism is rising behind them and though they may guide it their power to delC;ty it may be limited. Conflict or Co-operation ? Believing this, I must regard some of the speeches that are being made this· summer of 1956 by some of the settler leaders as extremely unwise. They do not, as T\1r. Mboya says, reveal much change of ambition from the old purpose of minority rule: they seem to conceive that strange amalgam 'multi-racial government' as a very limited, almost delusive advance upon the old regime, with Mr. Blund 11 facing the first waves of the tide of African political consciousness in the posture of King Canute. If the settlers challenge the Africans to a political duel a l'outrance the Africans are now in a position to take up the challenge with every hope of an ultimate victory not on 'multi-racial' or any reasonable terms but on those prompted by their own unreasoning anger. Can the white colony afford to invite open conflict? To drive Asians and Africans into alliance? To alienate British public opinion? Is the alternative so unthinkable, that of abandoning group solidarity and privilege and accepting as a final goal a system in which, as in the West Indies, they will play their part as individual citizens, for a long time the most wealthy and able members of society? Ill I know well that these arguments will be labelled defeatism. But private and personal courage and public political courage should never be confused. History teaches that the greater political courage lies more often in the fearless acceptance of change than in blind defiance of it. As for courage of convictions, surely in Kenya there are higher convictions demanding our support even than the defense of 'the interests of our countrymen ' -as they define those interests. There is faith in the hun1an nature of the other races and of their capacity to enjoy the freedoms that are part of our heritage of convictions. To return to our pamphlet. Mr. Mboya suggests stages of advance towards this democratic situation. He is too optimistic, of course, when he says ' There is nothing to fear'. There is much to fear, but less, surely, than will result from piling up racial hatred by the claim to racial dictatorship. It is necessaryto look, in a practical manner, at the results which settlers naturally fear and see how far they can be avoided. African Unreadiness to Rule ' This brings me to the main point I wish to make. The end of settler donzination need not and must not be followed immediately by African domination. Of course the Africans are quite unready to take over the government of the country. Experienced African chiefs, civil servants and members of the Legislative Council all know it and admit it. Theyare prepared to accept safeguards for the minorities retained in the hands of the British government. But do not let us presume upon the ' loyalty ' shown in the emergency. It is probable that even the loyalists ask, like this pamphlet, for a hope, a promise that they are not to be treated differently from other peoples in the Commonwealth and the world. They ask that their poverty and inexperience should not be used to justify their being kept indefinitely in a subordinate position, but attacked vigorously by all the most modern methods of education and bettern1ent in order to qualify them as soon as possible for self-government. They now have the authority of the Royal Commission1 behind them both to justify many of their complaints and to give expert definition to many of their requirements. But they know as well as we do that they are very far from being able even to supply full political control still less to carry out executively all the functions of the modern state. These are the more difficult in Kenya because its physical conditions need the fullest app1 ication of scientific method and the acceptance by a peasant population of often uncomprehended measures urgently applied to safeguard their basic East African Royal Commission 1953-5 Report, Cmd. 9475 (1955). resources. Politically the tribes of Kenya are far behind those of West Africa: they have still to start their progress towards nationhood, an end which the government, far from obstructing as it is at present, could accelerate with all its powers, once the goal were openly acknowledged. Filling the Gap At this point I might be reminded of the safeguard that is actually being applied to the first African elections, that of the limited franchise. I should like to believe with the Capricorn Society, the sincerity of whose members I greatly respect, that this measure, if applied to all races, might prove a workable, if only an interim solution of Kenya's hard constitutional problem. But I feel forced to share Mr. Mboya's doubts of this expedient because of the administrative difficulties it presents and the invidiousness of the tests applied to the voters. 'Furthermore, the fact that this system has been rejected by almost every democracy in the world, must put the rejected candidates in a position to make a powerful appeal to the unenfranchised over the heads of their elected rivals. There must, therefore, it seems, be an interval during which government by racial minority having been renounced and government by majority still being impracticable, the only possible course will be for the British government to strengthen its relaxing control over the country. This was the main theme of what will have struck many people as the surprisingly moderate and statesmanlike speech of Mr. Bevan in the Commons debate on 6th June. The government has all the apparatus for this in its Colonial Office and Overseas Service. Of course there are ·defects in the system, but a defective system is better than an advance towards catastrophe. And defects can be remedied. The Colonial Office cannot continue much longer unchanged in a changing Commonwealth. New forms of organisation may be needed. It will be necessary, for example, to link closely the trained staff needed in Kenya to carry out the recommendations of the Royal Commission with those associations and agencies in Britain which could stimulate both the science and the administration of these new measures. In other words, during this interval, some selected and modified elements of the new concept of 'integration' should be applied. The traditional links between metropolis and colony were forged in a period when Kenya was not within twenty-four hours flying time from London, and when the rapid economic and cultural advancement of a tribal people was not the first item of policy. A strong Secretary of State, relieved of some of his present impossible burden, and a strong governor who could win the trust of all races in his sense of justice, would be essential to the success of this regime of arbitral imperialism. Economic and Social Development It seems certain that the Africans would agree to this strengthening of British control and even welcome it. I believe that Mr. Mathu, so long the chief African spokesman in Legislative Council, would be in favour. Mr. Mboya says as much though he does not show here the emphasis which l believe represents his views. There is, of course one condition for African assent. It is that in this interval, which in Kenya's condition must be long, the British government, and through its governor while it retains the overriding control in Kenya, should set to work with all its energy to advance African education and especially to help Africans. not only in schools and universities, but by training on the job, to undertake increasing responsibilities of all kinds. This will cost money. The emergency has been very costly to the British taxpayer. A further considerable sum has been granted from Britain for African agriculture. Another sum of three or four million pounds should be given for African education, jn the sense described, and especially for still greater facilities for higher education both in East Africa and Britajn. The Royal Technical College is not enough. It is more than time to begin making plans for the foundation of a full University in Nairobi which could be the focus of study and research for all races and a source of common pride. I believe that it is impossible to overestimate the healing effect all this would have upon the minds of Africans who, once reassured about their ultimate political future, and relieved of their fear of settler rule, would respond both in co-operation with the government and in happier personal relations with the other races. It would also avert the dangers hanging over East African co-operation. It is the fear of association with a settler-dominated Kenya which has always governed African opinion in Uganda and Tanganyika. Guaranteeing Legitimate Rights There would be another side to Britain's responsibility in this interim period. It would be to guarantee the racial minorities in all ·their legitimate rights. Certainly much depends upon the definition of the adjective. On the burning question of the highlands the proposal of the Royal Commission, to which Mr. Mboya refers, of opening up 1unused land to buyers irrespective of race, but under very stringent ~conditions of good farming, seems reasonable and has been recognised as such .by some settlers. It is, of course, only part of a policy of gradually freeing economic life from ,tribalism, black, brown and white. But not the settlers only, but all the immigrant peoples of Kenya, including the oldest immigrants of all, the coastal Ara,bs, would need to be reassured that their rights and interests would be the special care of Britain during the long period before the country passed over to majority rule. And though, of course, the old feverish counting of heads in Legislative Council would lose its exacerbating significance, adequate representation of all groups and interests would be one of the main safeguards Britain would guarantee. IV To return to Mr. Mboya's pamphlet, the possibilities I have sketched ·would seem to be in line with his own ideas. But, as I said at the beginning, I have not used this foreword to discuss Mr. Mboya's specific proposals but have endeavoured to suggest a general approach to the problem of Kenya. If l have dealt in generalisations it is not because I think that the detailed working out of such a programme would be easy. Let me say again that my introducing this pamphlet does not mean that I endorse all its proposals. I think the writer underestimates the difficulties which Africa's long isolation has bequeathed to us in his people's poverty, ignorance and disunity. But let us remember that this backwardness is so continuously reiterated by white settlers in Africa as a justification for permanent domination that African leaders may regard it as unnecessary to intone in unison with this depressing chorus. They know the meaning of backwardness all too well but they know also that what their people most need to overcome it is hope and not a dangerous despair with its temptation to a revival, such as Mau Mau exhibited, of a corrupted savagery. The British Record Even allowing for this I think that Mr. Mboya might have shown more realisation of the difficulty of his proposals. There is also too little of the sense of history which reveals to us that domination of the weak by the strong has been the almost universal practice of the human race and that, insofar as Britain has failed in Kenya, it has been in applying those high standards of in1perial altruism which the world owes mainly to her initiative. And though there have been mistakes in Kenya made byboth settlers and government -a government for which we in Britain are ultimately responsible -there has been also a wealth of energetic and practical good will towards the African shown on many sides, certainly by large numbers of settlers. These services have been greatly .increased both in range and in vigour during the last few years and if, as he rightly says, this has been largely due to the emergency, at least government and settlers h~d the wisdom to learn much from that experience. Probably never in the history of colonial empires has such a wealth of intelligent concern and dedicated service been given to the needs of a native people as is being given today in Kenya. This must be set on one side of our picture to balance the figures on the other, the murdered and massacred, the thousand and more sent to the hangman and the 50,000 behind the wires. As for the handling of that emergency, it is salutary that the writer should help us to realise how repressive measures are seen and felt from the African side and should remind us of the many injustices or even atrocities committed in the name of law and order. But we mayquestion whether he has fully weighed, as a people with long experience of government must do, the absolute necessity of that same law and order, the gravity of the threat to it and the perilous inadequacy of the powers and personnel of the state in the earlier days of the Mau Mau movement. But these are the kind of lessons which can be learned only by the exercise of responsibility. And the dangers of sharing that responsibility with African leaders, especially when they can act with the authority they will draw next year from election, are far less, I would urge, than the dangers of shutting them outside the circle within which are taken the decisions which govern their lives. Towards Real Self-Government As I write, the speeches being made at Salima at the Capricorn Society conference are urging the peoples of East Africa to think of themselves as fellow-citizens rather than as con1peting races. The conference itself is a noble venture in racial association and many of us who are not members will agree that the future welfare of East Africa depends upon the measure in which thousands of personal inter-racial relationships can be infused with unselfishness and mutual understanding. We must hope, indeed, that not only European but African and Indian leaders, in the testing situation which now faces them in Kenya, will ignore the insults of extremists and show the utmost restraint and understanding of the difficulties of the other side. But I venture to disagree with the Capricorn Society upon two important points. One is that, like Mr. Mboya, I believe that the races are more likely to understand each other and to work together if the fact that Kenya is primarily an African country and must work towards a constitution founded squarely upon the fact, is not veiled in concepts of 'multi-racialism' or qualitative citizenship. The second disagreement is that though ultimately, of course, the future of Kenya will be decided in Kenya, there must first be a period of graduation towards self-government. During this period I believe that the races will best n1ake the deep adjustments demanded from them if they are relieved from their mutual fears and given a sense of security. There is only one source from which Kenya could draw a security in which all the races could trust, and that is Britain. MARGERY PERHAM. 1. Introduction I I N ORDER to avoid any misunderstanding I wish to make plain the convictions which underlie the analysis of the situation in Kenya and the proposals which are made in this pamphlet. These can perhaps be listed briefly. 1. The fundamental equality of all men, regardless of race, colour, sex or creed. 2. That the purpose of society is to enable all individuals to live in amity together and to co-operate for their common g9od. 3. That government exists to serve the individuals in society. 4. That therefore the state should be so organised as to enable the maximum individual freedom consistent with equal freedom for others. 5. That the only way in which these precepts can be implemented is by each individual participating in his own government on terms of equality with all other individuals in the society. This means that I reject any concept of race superiority, that I reject any concept of racial group rights or duties within a state -acceptingonly individual rights and duties, and that I believe that each individual must have an equal opportunity to develop himself and his potentialities. Political Principles For these reasons I accept the political philosophy of democracy, in which each individual has an equal voice in the choice of his government and an equal opportunity freely to express his opinions on its actions. I accept the principle of the rule of law and the equality of all citizens before the law. I accept also the necessity to organise the economy of the country so as to enable everyone to live a full life without fear of hunger, and without being forced by poverty to accept the domination of any other individual or group of individuals. These are ideals and very far from the practice in Kenya today. But I believe that by accepting them as our objective we hall liberate all the people of that country for the service of their fellow men. The purpose of this pamphlet is to offer a means through which this new freedom can be achieved. The propo al contained in it are directed again t no individual or group of individuals. They are not pro-African or anti-European. They seek to offer a means whereby the present lack of individual freedom, both political and economic, can be brought to an end without suffering or violence. Unfortunately the present social and political structure of Kenya society is such that an examination of the situation there, and proposals for its amendment, have forced the discussion into racial terms. This is not of my seeking, and I look forward to the time when this is no longer neces ary; when individual variety exists within the state without group cia si fication. It is my hope that this pamphlet wi11 contribute to the attainment of that objective. 2. The Background JN SEPTEMBER 1956 Kenya faces its first General Election since the Emergency was declared in 1952. It will be the first election since the Multi-racial form of government was adopted and the first election at which the Africans will elect their representatives to the Legislative Council. · It will take place at a time when the physical conflict with Mau Mau is almost at an end, and action must be taken to ensure future permanent peace and stability. This will be an urgent question; any attack on the poverty of Kenya through economic development is dependent on the presence of a stable political atmosphere which is non-existent in Kenya today. These events make it necessary for all those concerned to take stock of the present situation. Such an examination will provide an opportunity to determine what steps are necessary to alter the direction in which Kenya is travelling, and should give guidance as to the best means of achieving permanent peace and political stability. Absent: a Policy The tragedy of the situation is the absence of any agreed objective either within Kenya or in the United Kingdom. But it is imperativethat a clear and definite policy should be adopted if Kenya is to be saved from chaos. Such a policy must be consistent, so that constructive work in one field is not nullified by suspicion engendered in another. This pamphlet is designed to spotlight a policy -and the steps leading to its implementation -which will lay the basis for a solution to the territory's many problems. To be able to examine the Kenya situation one must of necessity supply a background covering the period prior to the Emergency. Most people agree that Mau Mau -apart from being a reflection of the failure of British colonial policy in Kenya -is the child of the political, economic and social frustrations experienced by the African people prior to 1952. The weakness of the British Government and its failure to check the increasing political dominance of the Settlers, resulted in the creation of a social structure in which the white settler established himself in a superior position, with the Asian providing the middle-class and the African the lowest social and economic class. Kenya's development has in fact been the gradual creation of closely-knit racial units and the identification of politics and social differences with these racial units. 1923 is an important date in Kenya. In that year the Devonshire Declaration stated, among other things, that where the interests of the indigenous people clashed with those of the immigrant communities, those of the indigenous people would be paramount. In practice this declaration was never observed, and the interests of the white settlers remained predominant. This predominance was furthered by the part the white settlers were able to play in the local Legislative Council. It was in this year, too, that the Wood-Winterton agreement (which would have allowed Indian to buy land) was dropped after the settlers had threatened an armed revolt involving the taking over of the administration and the kidnapping of the Governor. The. Land Problem Prominent among African grievances was the question of land. The Kikuyu tribe who suffered most, led the protests against the government's policy of reserving large tracts of the most fertile land in the Highlands for European settlement and allocating other areas as Reserves for particular tribes. This policy has always aroused anxiety among Africans, especially the Kikuyu. This is seen clearly in a letter from the Kikuyu Association published in the Manchester Guardian of 9th August 1928 , We fear that the right of our lands will be lost and liberty of our living place will be rejected, and after this we will come into bondage of working in settlers' farms for our living place.' The White Highlands in Kenya politics have been looked upon not only as unfair economic policy but also as a symbol of European supremacy. The reservation of over 12,000 square miles of land for Europeans has in the past been justified on the grounds that it is important for Kenya's economic progress. Despite African protests the 1933 Carter Commission Report asserted and confirmed this principle. European settlers have come to regard the White Highlands as a right, and not a privilege. Consequently every proposal which seeks to amend the exclusive European reservation of this land is opposed. Even today, after the Royal Commission's1 recommendations, many settlers will not see the folly of their attitude. So much so that when the Troup Committee2 revealed that more than 50 per cent. of the Highlands was not fully developed, the settlers and the Kenya Government responded by saying that it was necessary to bring in more European settlers -never an African farmer. Before the war, Africans growing cash crops such as coffee, tea, pyrethrum, etc. were discriminated against. In the immediate post-war .year progress was slow. Coffee growers' licences are issued by the Director of Agriculture for a specific number of trees, usually about 100. and the rule~ relating to good husbandry are strict. The number of African growers has increased from 15,019 in 1953 to 24,486 in 1955, and the total acreage from 3,867 to 7,511. In yield per acre and in quality African coffee has proved superior to European and commands a higher price. The Native Lands Tea Rules, 1953, regulate the growing of tea in the same manner as coffee, except that the licence fee is paidon 1,000 trees instead of 100. The price paid to the African farmer for maize is lower than that paid to the European, as the African District Council levy cesses on agricultural produce, part of which is used by African District Councils for expenditure on schools, hospitals, etc., and part is paid into the Agricultural Betterment Funds for assistance to African farmers. Whilst African farmers have definitely benefited through better marketing and storage, the use of the cess, as an indirect 1 East Mrican Royal Commission 1953-1955 Report. 2 Kenya Inquiry into the General Economy of the Highlands by L. G. Troup, Nairobi, 1953. form of taxation~ has been widely criticised. Differences in the regulations controlling the conditions of the growing of cash crops and differences in price paid for produce have inevitably been interpreted as racial discrimination benefiting the Europeans. Racial Discrimination Together with discriminatory practices on the land, the government have given aid and recognised schools, hospitals and residential areas, etc., established on a racial basis. Liquor laws made it an offence to sell or serve an African with European liquor. Today an African can buy non-spirituous liquor, but it is still an offence to sell spirits to him. In towns municipal bye-laws were enacted restricting trade and movement of Africans in certain areas after specified hours. Always Europeans advanced excuses to justify these practices. To add to these frustrations in the pre-war years Post Offices, some shops and hotels practised discrimination against the African. All this applied as much to Africans educated in Western universities -a fact which makes nonsense of the suggestion that the discrimination was a cultural bar and not a colour bar. The Government was party to all these practices. It either enacted legislation promoting discrimination or failed to legislate against it. Thus Africans identified the government with the practices, and the Government itself became a symbol of European supremacy and domination. In industry Africans were paid starvation wages, based on the basic minimum necessities for one individual.1 In agricultural areas the squatter system, which is similar to the feudal system operated in England in the Middle Ages, but does not include serfdom, was and is still operated. Housing in municipal areas consisted of little more than slums. Where permanent houses were built, the principle was to provide a 'bed-space'and not a home. Family life is stiii impossible in most of the towns . . For the few African professional men a~d skilled craftsmen there was the humiliation of being paid salaries lower than those earned by their European or Asian counterparts. Thus an African university graduate would earn less than an Asian with the same qualifications and the Asian less than a European. This applied even when the jobs were identical and carried the same responsibilities. This was, until 1955, the practice in the Civil Service as well as in private industry. Recent Changes It is true that some important changes are now being encouraged. The liquor laws have been modified; a few Africans now live in some areas which were previously strictly European or Asian; the Government in 1955, introduced non-racial salaries and conditions in the Civil Service; and some hotels in Nairobi have relaxed their colour bar practices. It is East African Royal Commz'ssion Report, 1955. Chapter 15, A, page 146 "( a) the general level of wages is low; (b) even where there is minimum wage legislation, as in Kenya, the basis of the statutory minimum has been taken to be the requirements of a single male adult worker with a very small margin above physical subsistence;" (See Appendix II). true, too, that the Swynnerton Plan (largely financed by the United Kingdom) is aimed both at improving the standard and at accelerating the pace of development of African agriculture. Also, following the recommendations of the 1953 Carpenter Committee, changes in the structure of the minimum wage calculations aim to convert wages to an amount capable of supporting a family, and housing projects will aim at creating a home. It is unfortunate that most of these changes were not encouraged earlier, because it can now be argued that it is the outbreak of Mau Mau which has resulted in creating this new attitude to African problems. This contention is intensified because the African knows that even the most liberal of the European leaders continue to pledge themselves to defend the sanctity of the White Highlan9s, to maintain separate schools and hospitals, and to maintain European domination in the Legislative Council and all other governmental institutions, including municipal authorities. • European Supremacy Remains The principle of European supremacy remains basically unchanged. In the Legislative Council the principle of parity has been maintained on the basis of equality between European Elected Members on the one hand, and the Non-European Members on the other-the African Members being nominated. Thus the Europeans are still in a position to ensure that their interests are paramount. While European politics have been unhindered in their development, African political organisation has been hampered and discouraged. African political organisations were looked upon with suspicion long before Mau Mau, and the leaders dubbed ' irresponsible trouble-makers '. The contact between European and Africans has been limited to the relationship of Master and Servant, or Teacher and Schoolboy. What has been written so far is intended to draw attention to some of the factors that have affected the African attitude. I do not overlook the many advantages that Kenya, and indeed the African community, have gained t}:uough their contact with European settlers and the Missionaries. If it were possible to justify paternalistic government, then indeed the Kenya Europeans could use the advantages they have brought the African as a cover for their failure in other fields. But oligarchic government is discredited in the western world and gives no justification for the shortcomings of the dominant Europeans in relation to the ' civilisation ' of which they claim to be the representatives. J. State of Emergency T T HERE can be no question but that Mau Mau is the direct consequence of accumulated frustrations and grievances among the Africans over many years. Psychologists may offer reasons why the Mau Mau ceremonjes were primitive and barbaric, but these explain the form of the revolt and not the causes of it. It is absurd to represent Mau Mau as merely the result of too rapid a transition from primitive life to a modern complex society, or as a reversion from Christianity to barbarism. The brutal murders and other acts of violence and terrorism commieed by Mau Mau cannot be excused, nor justified by this frustration suffered under British rule and settler domination. In the eyes of the majority of Africans these acts of violence will for ever remain condemned. Nor can one overlook the imn1ense difficulties under which the administration and men1bers of the Security Forces have had to carry out the task of restoring law and order. These facts are stated now and will be referred to later, so as to 1nake it quite clear that there is no illusion in my attitude to the Emergency, and to the measures taken by the Government in the prosecution of it. While appreciating the foregoing and also the courage of the many people who have opposed violence, one cannot overlook the fact that in view of the frustrations suffered by Africans, a violent reaction is understandable even if it is not justifiable and one must therefore draw attention to effects of the methods used in the prosecution of the emergency, on future relationships in Kenya. Consequences of Mao Mao To Africans Mau Mau does not represent a struggle of differing factions among the Kikuyu people. All Africans, regardless of tribe, are agreed on the need to eliminate European dominance, generally to improve the social and economic conditions of the African, and to establish his political rights. Many Africans detest and condemn Mau Mau, but hardly any of them sympathise with the government against which it is struggling. This means that essentially the permanent solution to Kenya's problems lies in the political and not the military sphere. Although the physical conflict is almost ended, an examination of the methods used by the Government is necessary, for these inevitably affect the attitude of the African people to the present Government. The irregularities committed by members of the Security Forces, in particular the Horne Guard and the Kenya Police Reserve, wi11 not quickly be forgotten. The comment of Mr. Justice Cramm clearly brings out conditions which have created hostility to the Government during this period: 'The Kikuyu Home Guard is an illegal body. Looking at the evidence there exists a system of Guard Posts manned by Headmen and Chiefs and there are Interrogation Centres and Prisons to which the Queen's subjects, whether innocent or guilty, are led by armed men without warrant and detained and, as it seems, tortured until they confess to alleged crimes, and are then led forth to trial on the sole evidence of these confessions -it is time that this court declared that any such system is constitutionally illegal and should come to an end, and these dens be emptied of their victims and those chiefs exercising arbitrary power checked and warned . . . '1 (Following this the Home Guard was made legal). Reference to the handling of the Emergency will necessarily be brief and limited to some of the more important aspects. Collective Punishment It will suffice to give a few examples of the collective punitive measures adopted by the Government in the course of the Emergency. Firstly, the confiscation of cattle and property in the Nyeri district, a process later repeated in other areas. Secondly, the mass eviction of Kikuyu, Embu and Meru labour from the Rift Valley Province. By this eviction thousands of workers who had lived in the Highlands for many years and lost all contact with the Kikuyu Reserves were forcibly removed and sent back despite the existing over-population there. They were removed from the only source of livelihood they possessed and no alternative was provided. Neither were proper arrangements made for feeding or comfort on the journey. The Government ignored warnings by both Africans and Europeansthat these evictions would only help create a recruiting pool for the Mau Mau. Then there was the eviction of over 700 families from the Eastleigh area of Nairobi on 1st November 1953. Despite the pleading of the Trade Unions hundreds of workers found themselves without homes and jobs. They were on the streets; but not for long. Either they were arrested for being without shelter, or the relatives and friends who offered them shelter were arrested and charged under municipal bye-laws for giving shelter to unauthorised persons. It is difficult to imagine a more impossible situation in which to place a person and still expect him to be loyal to the Government. Other measures included the closing down of African markets, and the locking of African houses or residential areas for periods ranging from a few weeks to several months, by order of the District Commissioner. The passes which all members of the Kikuyu, Embu, and Meru tribes had to carry in towns were often cancelled without any stated reason. Against these decisions no appeal was possible. Lastly, all the men of these three tribes, regardless of their attitude to Mau Mau, were made to pay a special tax. Probably the most important argument against collective punishment is that many innocent people are made to suffer. The Government argued that collective punishment was necessary because crimes were committed and no one volunteered information. They worked on the 1 Mr. Ju tice Cramm of the Supreme Court of Kenya in a judgment reported on 5th May 1955 in East Africa and Rhodesia. principle that the people should be niore afraid of the Government than they were of the Mau Mau. . Needless to say this attitude only helped to justify the tand of Mau Mau in the eyes of those innocent Africans who had been unjustly punished. Arbitrary Arrests To indicate what happened during mass arrests I have chosen a myexample one that will never be forgotten throughout Kenya's history. It was on Saturday, April 24th 1954, when Africans in the offices, shops and factories in the central part of Nairobi had already started working. Suddenly the streets were full of lorry loads of soldiers with machine guns and automatics. Cordons were thrown around the whole area and then began the biggest sweep in the Emergency -Operation Anvil here is my own experience of the sweep. ' Leaving several colleagues in my office in the first floor of Kundi Building, I went down to the street. Within a few seconds I was challenged by a ..oldier pointing a gun at me. I raised my hands above my head as ordered and walked to him. He gave me a shove with the butt of his gun and ordered me to walk on. I was taken to a street island where other Africans were already sitting, and ordered to squat down. I noticed that some of the people in the group were marked with paint all over their faces. Later I learnt that these people were either hesitant when called upon to stop or were found in what the soldiers regarded as suspiciouscircumstances. For hours we waited until we were ordered into a lorry and driven to a reception camp which was cordoned by barbed wire. Here we again squatted for hours. Then we were lined up and European police officers asked each of us his tribe and separated us accordingly. Those of us who were non-Kikuyu were led out of the camp by a European officer, who told us we were free to go home but warned us not to come back into the cordoned area. I relate this story so as to show exactly the process used in the mass arrest that took place on that day. No questions asked, no names given. I learnt later that, by an order of the Governor, all Africans in Nairobi were technically under arrest unless freed or exempted. While waiting for me in my office, my colleagues -most of whom were Kikuyu -were surprised by the sudden entry of two European Police Reserve Officers. One of them asked to see their identity cards while the other went out into the corridor to continue the search of the premises. A few minutes later a shot was heard; Jonathan Njenga, one of the trade unionists in the office, collapsed in his chair. The European Officer in the corridor had fired through the dividing cardboard wall. This was no accident. Nothing could explain this incident, for he could just as easily have shot his colleague who was at the time in the office questioning the trade unionists. When Jonathan was carried to hospital he was classified as a terrorist. It was only after protests by the Federation of Labour that Jonathan was reclassified and sent to an ordinary civilian ward. But for this inter vention Jonathan would have left the hospital straight into a detention camp -no questions asked. Later the Officer concerned in this shooting incident was identified at a parade; he admitted having fired the shot, but was never committed to trial. For all we know he may by now be holding a higher rank in the police force! It took over 12 months pressure by the Federation of Labour, the I.C.F.T.U., and the British T.U.C. to get the Kenya Government to pay Jonathan compensation for the injury done. Irregularities of this kind were not infrequent. All the Kikuyu, Embu and Meru trade-unionists found in my office on this day were sent to screening camps. Some of them are still detained. Social Problems Created The Kenya Federation of Labour raised ·with the Government both the grievances about screening methods, and the various social problems that arose out of 0 peration Anvil and other mass arrests. Only the more important of these can be mentioned here. (i) The difficulties facing .families and dependants when the breadwinner was arrested. The help of such organisations as the Red Cross was valuable, but it was a large problem. The State was the only body that could meet it adequately and the number of children found sleeping in market places, inside old motor-car bodies and in empty houses grew every week. The Government rounded up these children every week and sent them back to the Reserves, but, inadequate provision having been made for them there, it was not long before they found their way back into Nairobi. Even today this problem remains acpte, despite the inadequate attempt by the Government to provide some form of institution for such children, and to make provision for the wives of arrested men. (ii) There was the question of loss of housing, jobs and security of employment already earned. The Federation of Labour demanded that the Government guarantee the rehousing and reinstatement without loss of seniority of all workers who had been detained while awaitingscreening. Some were detained for months, losing all their wages. The possession of a house and a job were made a condition of the return of any of these people into Nairobi. Doubtful 'Screening' Methods (iii) The arrested people were not given time to meet their families or arrange for the safety of their property -for which the Government accepted no responsibility. It was not until a few months later that wives, relatives and employers were able to obtain information regarding the arrested persons. The position was complicated still further by the fact that women at home were also arrested and sent back to the Reserves or to screening camps, s~metimes leaving their young children in the town. Throughout the Emergency, the Federation of Labour had been critical of the screening methods and endeavoured to point out the in justices being committed. The Federation drew attention to the fact that screening teams from the Reserves were not in a position to condemn men who had been living away from the area for many years, some of whom were completely unknown to the team. There was also the prevalence of corruption. Arising out of 0 per at ion Anvil the Federation of Labour was able to put forward concrete cases of apparent miscarriage of justice. Thirty-nine trade union leaders were arrested in 0 peration Anvil. Most of them had been classified ' black ' after screening -and thus committed to permanent detention. Among them were men who had been screened only a few days before and cleared; three had returned from a Trade Union tour of Britain only a few months earlier and, since they had been allowed to leave the country during the Emergency, there was reason to believe they must have been subject to investigation. Lastly it was not logical to believe that such leading personalities President, Treasurer and Members of the General Council of the Federation of Labour -who were constantly under the scrutinizing eyes of Kenya's secret police should be discovered as having association with Mau Mau only after a mass sweep! Either there was something wrong with the Intelligence Service or something was wrong with the screening methods. For two months the Federation kept pressing its case and nothing happened. At last the Ministry of Labour decided to send the Industrial Relations Officer and his Assistant into the three camps -Langata, Mackinon Road, and Manyani -to find out what had happened to the trade unionists. Despite repeated demands by the Federation for a copy of the Report submitted to the Government, it has never been made available. Injustice and Frustration dn July 12th 1954, however, the Minister of Labour announced that the Governor had issued instructions for all trade union leaders to be rescreened and for all previous decisions on them to be disregarded. This was a plain admission by the Government that something was wrong with the screening methods. After the re-screening, seventeen out of thirty-nine trade union leaders were released. Following this incident the Federation demanded that the position of all the people detained be re-examined. This demand was not then accepted by the Government. It has been confessed several times by government officials that the numbers of arrested persons is so large that it would take too long for either the system used in re-screening trade unionists, or a court trial, to be applied in all cases. Thus the basic elements of justice have been ignored for the sake of expediency. So .far as the detained persons are concerned, the Government set up an Appeals Tribunal which functions on the principle that the detainee has to prove his innocence. He is allowed no representation by counsel and in his memorandum he has to show cause why he should not be detained. He is not confronted with the hostile witnesses. It is obviou that one of the problems which will have to be dealt with in the future is the sense of injustice and frustration among innocent people. For those who have been tried on various charges and have been found guilty, the severe sentences passed will themselves cause bitterness and future problems. Young girls and persons alleged to be below 18 years of age have been sentenced to more than seven years hard labour, or to indeterminate sentences. The effect of this can be imagined. Rehabilitation is today looked upon as the answer to the problem of reabsorption of detained persons into society. Rehabilitation methods are based on the principle of re-education. They aim at educating the detainees to accept and live a Christian civilised life. It is also the aim to show the detainees that violence is a negative and useless method to secure change in society. Thus rehabilitation, if and when accomplished, would bring out persons looking forward to an ideal . standard of life in surroundings conducive to the practice of Christianity and western civilisation, and to a society where they can effectively take part in the direction of their lives. But the truth is that these conditions do not exist in Kenya. Essentially therefore, rehabilitation must be accompanied by effective social and political changes or, in the long run, it will proveto . be worthless expenditure, and may in fact intensify the feeling of frustration which was one of the basic causes of Mau Mau. Some of the Africans in detention today have been acquitted by the courts but rearrested immediately on suspicion. Rehabilitation methods are being applied to these people; attempts are made to secure confessions about alleged crimes, with promise of release being held out as an inducement. Refusal to confess is not regarded as an indication of innocence and all possible pressure is put upon the detainee to comply with the Government's wishes. It is known that in some cases the poverty and difficulties of the family of the detained person has been u"sed as a means of trying to obtain an admission of guilt. For obvious reasons therefore, Kikuyu, Meru and Embu tribesmen believe that the best way to secure relea~e is to ' confess '. Thus a confession has ceased to have any meanmg. Rule of Law? The non-acceptance of the rule of law can no longer be disguised or ignored. African leaders and some liberal-minded Europeans have for a long time tried to draw attention to the constant abuse of power by members of the Security Forces. But their efforts have been generally unsuccessful. The system of district government, coupled with Emergency Powers, has resulted in a confusion of administrative, police and magisterial powers -all of which are possessed by each District Commissioner. There are three obvious and fundamentally important dangers in con sequence: (a) The appearance of impartial judgment by a District Commissioner in Kenya is impossible, and the practice excessively difficult. (b) Appeals against atrocities committed by members ofthe Security Forces have little chance of being properly investigated. (c) The excessive powers held by the bistnct Commissioners could easily be abused and in fact have sometimes been so. (This is shown in the Kamau Gichina case-the District Officer involved was only relieved of his post after the matter was raised in the House of Commons). Colonel Young, seconded from the London Metropolitan Police and sent to Kenya to re-organise the Police Force, immediately realised the ncessity to separate police and administrative powers. Rather than heed these warnings, the Government in 1955 adopted a policy of 'Closer Administration ' which not only increases the powers of the District Commissioners, but also introduces a system of chieftainship into the administration of African residential areas of the towns. An Investigation Needed A thorough investigation into the present administration of justice in Kenya is therefore urgent. Arbitrary arrests, detentions, cancellation of African passes, have been common occurrences during the Emergency. To argue that such actions are purely the result of the strained atmosphere in which the authorities have been working, is no excuse for the injustices which have been committed. Cases such as the Kamau Gichina case have fully illustrated the need for a re-examination of the administrative arrangements in Kenya and, in particular, the need for an independent police force. So far as the villagisation scheme is concerned there is no doubt that, because its whole emphasis is on security, the Africans will look on it as a political and not a social issue. The development of villages is indeed desirable, but when it is forced upon a people, and so identified with oppressive measures, it ceases to be of the same value. Further, villagisation is being used as another means of controlling African people. According to the Emergency Regulation 1956 (Kikuyu, Embu and Meru Villages) a permit is needed before a person can move from one village to another and anyone may even be ordered to live in a particularvillage. An offence under this law is punishable by a fine of £50 or six months imprisonment. Speeches made by European leaders, some of whom hold ministerial positions, and orne statements made by the Government, show that the future policy is to aim at greater control and policing of the Kikuyu people and Africans generally. Control and security do not provide a permanent answer to Kenya's problems. They are purely negative and do not even meet the causes of the present troubles. The Kenya African Union It is not the intention to argue the rights and wrongs of the Governmenfs decision to ban the Kenya African Union on the ground that it was implicated in the Mali Mau activities. One thing is certain however; the K.A.U. was the only African political organisation in Kenya and its banning has left a vacuum. Without an organi ation, with leaders behind barbed wire, and political expression suppres ed through government policy. the African was left with no organised mean of making his views known, either on the prosecution of the Emetgeficy, Oi' on the constitutional changes that have taken place since 1952. While organised African politics were suppressed until June 1955, Europeans apparently were left without any political restraint.1 In fact the absence of African political organisations has been used by European politicians as an opportunity to make demands aimed at consolidating the European position. It is probably true that the Government could not allow politics and politicians to carry on without some restriction during the Emergency. It is, however, questionable whether the restriction should have applied only to one race. It is said that African organisations had to be banned because of the danger that they would be used to support violent movement against the Government, a danger that did not apply to European organisations. Events such as the European march on Government House in 1953 and attempts to sabotage the surrender terms in 1955, do not give much support to this argument. The principle of discrinlinating between organisations. on racial grounds is in any case indefensible. It would have been better had the Kenya Constitution been suspended when the Emergency was declared. Outstanding Problems? In conclusion it must be repeated that the purpose in drawing attention to these aspects of the Emergency is not merely to condemn the methods used, but to show their significance and their effects on the future development of Kenya. From this brief examination of the Emergency it would seem that the most important and outstanding problems are: (i) The future of detainees and plans to give them a new confidence in the Government. (ii) The urgent need to investigate present administration of ju~tice and to establish the rule of law. (iii) The social and economic problems arising out of activities in the prosecution of the Emergency. (iv) The need to plan for the future, so as to eradicate the causes of African frustration and to remove the possibility of a recurrence of similar troubles. The next sections seek to analyse the present political situation and make proposals for political stability in which real economic development can take place. In June 1955 th~ overnment lifted the ban on African political organisation, but adopted a pohcy (later enacted into legislation) restricting Mrican politicalorganisations to district level. 4. The Problem Today 'JN OTH R word , the interior of the Protectorate i a White Man' ountry. Thi being o, I think it i n1er hyp cri y not to admit that white intere t mu t be param unt, and that the n1ain object f ur policy and legi lation hould be t found a white c lony'.1 (p. 103. ' lo ely connected with European coloni ation i the qu ti n of ative right . Thi difficulty i le ened in a t Africa by the paucity of the ative population, and I think that the ob tacles which it ha been uppo ed to present to uropean ettlement exi t in prejudiced imagin tion rather than in reality. Native mu t be pr te ted from unju t aggre ion, and be ecured ufficient land for their want ; but with thi provi o, I think, we should r cognise that uropean interest are paramount '.1 (pp. 309-310). Speaking in the Legi lative Council demanding the introduction of c mpul ory education for uropean children, Lord Franci Scott said on 19th December 1941 that education f r all uropean children was nee ary becau e Kenya wa a country of n1ixed race 'where uropeanchildren are eventually going to be in a po ition of authority over other race '. The 19th January 1956 i ue of East Africa and Rhodesia reports a speech made by Mr. Michael Blundell, leader of uropean elected member in the Legi lative ouncil and n w one of the uropeanMini ter in the Kenya Government. Speaking to hi European con~ tituents at Njoro on 15th January be is reported as saying: 'I put before you the principles on which I shall tand in seekingre-election. Fir t, I believe firmly in the continuance of our own ideas and influence in this country; secondly, in the gradual development of a partnership between the races; and la tly, in a mounting insistence upon the economic development of the country ..·.. It follows that I want to continue the progre s toward respon ible government by increa ing the participation in the Government of the country of our own farmers and townsmen '. European Dominance Re-stated Mr. Blundell is further reported by the East African tandard a ayingto a European audience in Nakuru in March 1956: ' ... He him elf stood for the full development and sanctity of the White Highlands .... ' On the form of government and European control the journal reports Mr. Blundell as saying: 'The present experiment, if ucce ful, was the beginning of the transfer of responsibility from the people of Britain to the people of Kenya. Of course, there must be a European majority These quotations are from the book East Africa Protectorate, written in 1905 by Sir hades Eliot, K. .M.G., H.M. Commissioner for East Africa Protectorate from January 1901 to June 1904. and European control ~. He is further reported as saying that he did not believe Asian Magistrates should be allowed to try Europeans in a British Colony --they should be used entirely for Asian cases. He was not in favour of multi-racial hospitals and was also opposed to common schools. He is also reported to have said that he believed that the time would come when Africans would have to be told ' so far and no further '. The above quotations reveal the basic problem in Kenya. The concept of European superiority is not only advocated but boldly and publicly encouraged. This has happened throughout the period 1905-56. The Settler mind fron1 1900 to 1956 has been obsessed by this notion; every change has been considered in relation to it. Kenya's present troubles feed upon racialism and racial politics. It is not possible to discuss Kenya politics except in terms of race; ever since representation in the Legislative Council was accorded to elected Europeans in 1919 and not to other peoples, political arguments have centred round racial representation. This is inevitable. Through their disproportionate representation in the Legislative Council the Europeans have been able more and more to influence government policy. Africans consider that the Government has increasingly identified itself with the White Settlers as the European organisations have increased their power and influence. Settlers in the Ascendent The extent to which European Settlers have succeeded is evident from the political, social and economic structure of the country. In the Legislative Council they have larger representation than either the Asians or the Africans, despite the fact that they are numerically the smallest population of the three. Laws which discriminate againstAfricans in fact -if not in words -are commonplace. Socially and economically the African people have been restricted to third place in their own country. They believe this to be the result of Settler influence in the Legislative Council supporting and endeavouring to perpetuate the dominant position of the Europeans in the country. The extension of racial discrimination to land policy is perhaps the most bitterly resented of all discriminatory practices -and it is government policy. Side by side exist the two contrasts. Many Europeans own some hundreds of thousands of acres while in some of the African areas exists land hunger and over-population, with such land as there is often being of poor and unproductive quality. This is a big bone of contention in Kenya politics. The Africans accuse the Europeans of stealing their land and of reserving for themselves large areas in which no African is allowed to own or to manage a farm, while the density of population in some of the African Reserves has reached staggering figures -up to about 700 people per square mile. Today many arguments are being put forward to justify this state of affairs. The European condemns African ignorance and inability to cultivate land on modern standards. He justifies his own retention of the Highlands by pointing to the greater productivity of the areas under his control. But he does not point out the advantages he has in education, in the possession of capital and in the size of his farm unit, and the exclusive opportunities offered him on racial grounds. With regard to the complaint about .African farming methods it is relevant to point out that Section 36 of the Crown Lands Ordinance lays down that in every case 'shall be implied a covenant that he (the European owner of land in the Highlands) shall not, without the consent of the Governor in Council, appoint or allow a non-European to be manager or otherwise occupy or be in control of the land leased' -thus excludingAfricans from gaining managerial experience and the rewards that gowith this grade of job. Another factor which is rarely mentioned by the Europeans is that, according to the 1954 Agricultural census of the White Highlands, agriculture is not the main source of income for at least 13 per cent. of the owners of commercial farms and 60 per cent. of the owners of farms under 500 acres. African Labour Also it should not be forgotten to what extent the European farmers are dependent on African labour. And the measure which have been taken in the past to secure sufficient African farm workers are of relevance today. The 1912-13 East African Protectorate, Native Labour Commission was appointed (on the demand of the European Land Holders' Association) to inquire into the reasons for the shortage of African labour. The evidence is interesting as it again reveals the attitude of the Settlers, and of their leader at the time, Lord Delamere. He is reported as saying'If the policy was to be continued that every native was to be a landholder of a sufficient area on which to establish himself, then the ques6on of obtaining a satisfactory labour supply would never be settled .... He considered the soundest policy would be to curtail the Reserves, and although it might take a few years before the effect on the labour supply 1 was apparent, the results would be permanent. ' The Commissioners concluded: ' The reasons for the shortage of labour we considered from the evidence to be the following: The wealth of certain tribes arising from the large quantity of land at their disposal, the natural fertility of their reserves, the possession of large quantities of stock and the profits of trade. It is clearly recognised that there are practically no natives who need to work for wages in order to live.' (p. 321). It is significant that following the completion of the Commission's Enquiry, a Crown Lands Ordinance was passed in 1915. That this and other Ordinances and regulations bore the stamp of the general declaration made during the Enquiry is shown by extracts from Labour Circular No. I, dated 23rd October 1919, and headed 'Native Labour required for Non-Native Farms and other Private Undertakings '. It was sent Report, pp. 109-110, by the Chief Native Commissioner, John Ainsworth, to the District and Provincial Commissioners: · ' ... 2. His Excellency trusts that those Officers who are in charge of what is termed labour supplying districts are doing what they can to induce an augmentation of the supply of labour for the various farms and plantations in the Protectorate, and he feels assured that all officers will agree with him that the larger and more continuous the flow of labour is from the Reserves the more satisfactory will be the relations as between the native people and the settlers and between the latter and the government. '. . . 4. In continuation of previous communications on this very important subject, His Excellency desires to reiterate certain of his wishes and to add further instructions as follows: . . . (iii) District Commissioners will keep a record of the names of those · Chiefs and Headmen who are helpful and of those who are not helpful, and will make reports to me fr.om time to time for the information of His Excellency. The nature of these reports will be communicated to the Chiefs. In cases where there is evidence that any Government Headman is impervious to His Excellency's wishes, the fact should be reported to me for His Excellency's information together with any recommendations you may desire to make. '...· 6. It is hoped that the Resident Natives Ordinance 1918 and the Natives Registration Ordinance 1915, will soon become operative. The provision of these Ordinances should help to ameliorate the position. '. . . 7. Should the labour difficulties continue it may be necessary 1 to bring in other and special measures to meet the case ...' The historical background, illustrated by the above quotations, shows clearly the concept of European supremacy and the action taken to promote this concept. This is the first part of the problem -the attitude of the Europeans to the African people and their desire to establish a dominant and privileged position in the government of the country. The British Record The record of the British Government is the second part of the problem. They passively accepted the Settler racial attitude: they even allowed Civil Servants to buy land and maintain farms while still in the Administration. The British Government could have cl~anged the direction of Kenya political development at any time had it wished to do so. To the extent that it failed to act, it must bear a share of the responsibility for . the outbreak of Mau Mau and the atrocities which have been committed by it. Today the British Government is using its troops in Kenya. Havingfailed to ensure the creation of democracy the British Government is protecting a Settler oligarchy under a supposedly democratic flag. Whilst Appendix to Kenya by Norman Leys, Hogarth Press 1924, p. 395. it was inevitable that troops had to be sent in when violence broke out, and that law and order had to be restored, the British Government must now prove that they have learnt the lesson of their past folly. Theymust prove that they recognise the problem. They must use their power and authority to check the trends which led to the present situation. In other words they must show that their troops will not be used to aid the Settlers in their desire to pursue the policy of European domination. The problem is clear and any attempts to solve it must uproot the causes. Racial discrimination and the frustration it engenders must be eradicated. Active steps must be taken to end racial politics, economics and attitudes. This will never be achieved while any community feels itself to be discriminated against, nor while any community remains in a privileged position. This will need determined action. Half measures or con1promises on basic principles will aggravate the situation and make it impossible to produce a solution. It is a race against time. We cannot afford to go slowly as so many opportunities have been thrown away in the past fifty years. • S. Finding the Answer T T HE OUTBREAK of violence in 1952 shook the British Government and most Kenya European politicians out of sleep. Despite warnings by prominent British writers and intellectuals of the impending crisis in Kenya, many people regarded the outbreak as merely another case where Africans should be reminded of the British might. ' Law and Order must be re-established '. The cost has been staggering. Thousands of lives have been lost, millions of pounds have been spent, and yet there is no assurance that permanent peace will be established. Slowly the confusion has lifted and the existence of a real problem is now accepted. But Kenya has almost reached a point of no return. Racial politics have been developed to the stage where fear and suspicion reign above everything else. What can be done? The alternatives are few. European domination, which would be achieved by the present transfer of power from the Colonial Office to Kenya, is no solution. It would lead to an exacerbation of the present racial tension and might well result in another and worse outbreak of violence. The domination of a racial minority gives no security to Kenya, and none to the minority itself. It is said to be in recognition of this fact that the concept of multi-racialism has developed. The Lyttleton Reforms Today the term ' multi-racialism ' is used to define the workingtogether of members of various racial groups either in the formation of an organi ation or of a government. Kenya's first multi-racial government was introduced in April 1954 after a visit to Kenya by Mr. Lyttleton, at that time Colonial Secretary. · The difference between this form of government and the previous one lies in the fact that there is now a Council of Ministers in which the Unofficial Ministers include persons from each of the three main races. The composition of the Unofficial side of the Council is at the moment, three European Ministers, all with portfolios; two Asian Ministers, one with and the other without portfolio; and one African Minister with portfolio. There are eight Official Ministers, i.e. Ministers not drawn from the elected or representative members of the Legislative Council. Essentiallytherefore the new government is based on the principle of parity as between the Europeans on the one hand and the Non-Europeans on the other, on the Unofficial side. The 1954 changes reduced the number of Government Civil Servants directly responsible for government policy in various important departments and thus increased the relative influence of the local Europeans. One must therefore ask how far this multi-racial government will solve Kenya's political problem. Some supporters of multi-racialism have argued that the present form of government is an advance because European Settlers have for the first time accepted Africans into the Government. They further argue that, given time, it will speed up the creation of a liberal European opinion that will gradually eliminate racial politics in Kenya. But these arguments are basically a confession that the introduction of democracy in Kenya will be dependent on how far the local Europeans are prepared to permit it. Further they suggest that the British Government has still not learnt the lesson of the Emergency and will not intervene against the wishes of the Settlers. Neither of these arguments takes into account the rise of an African political opinion. The local Europeans try to ignore these factors or shrug them off bythe use of emotive terms. They seem to believe that the European community will determine both the pattern and the rate of development in Kenya. Mr. Blundell, for example, said in his Njoro speech, ' ... We (Europeans) shall have a difficult time in dealing with an increasing flow of racial emotionalism -and I think this word is better than nationalism -among the Africans '. And later, ' The great issue before us, a small minority like a flarepath on the vast fields of the African continent, is what will be our relations with the African and Asian people in 25 years .... ' 1 What Sort of Relationships? In fact the awakening of the African leaves no room for the master f servant relations of the past. If there is to be a successful plan for Kenya it will only be if the African takes an equal part in its formulation and participates fully, freely and effectively in its implementation. The impact of external influences makes this inevitable. The approaching independence of the West African territories, the independence of the Sudan and the changes in Uganda and Tanganyika eliminate any hopes of the present form of Kenya government lasting long or being a pattern for future development. For those who have pinned their hopes on the possible change in the attitude of European leaders and the Settler community in general there is yet another blow. An analysis of the proposals for constitutional change put forward by the European Elected Members Association in April 1956 shows that they seek to retain the status quo in the parity of European and Non-European representation and , secondly, that they seek to increase the influence of local Europeans in the Government of Kenya while minimising direct Colonial Office influence. This shows that the past attitude and policy of the European politicians is maintained. Multi-racial government as it exists in Kenya is founded on the recognition of closely knit racial groups. But it does itself tend to perpetuate those groupings, and no scope exists for the emergence of democracy. Indeed the European leaders speak not of the basic democratic rights of individuals but of group rights and group participation. Multi- racialism must therefore presuppose the existence of groups. Participation in the government can then only be in the form of parity representation or proportional representation of the various races. Parity can of course be of three types; African representation equal to the combined East Africa and Rhodesia, 19th January 1956. Non-African representation, equal representation of a11 the three main races (as in Tanganyika), or European representation equal to the combined Non-European representation -as at present in Kenya. But in all its forms ' parity ' emphasises race representation. Multi-Racialism No Answer The objection to multi-racialism must therefore be based on the grounds that its existence is dependent on the maintenance of racial groups, and as such it is an impediment to the establishment of democratic rights. Secondly, the present multi-racial form of government is forcing a conflict of politics based on self-preservation. Each group is fighting to accumulate gains as a group, and consequently the maximum limit to which the minorities are prepared to go is parity between each of the three races. To them proportional representation would mean African domination just as much as to Africans tl)e present set up means European domination. Democracy is unacceptable to the Europeans because they think in terms of equating their group participation and the participation of the Africans as a group. They are still not concerned with individuals, only with races. It is perhaps necessary to point out that the current European attitude is based on the assumption that the Colonial Office will become a passive onlooker. This would betray the Africans' remaining confidence in the British Government and strengthen the fear that the Europeans will use their powerful position to create a regime similar to that in Southern Rhodesia. It is obvious from all this that there is no hope that the present approach will of itself successfully prepare the way for democracy. A Common Electoral Roll Coupled with the concept of multi-racialism there is sometimes the suggestion of development towards a Common Electoral Roll. A common roll would of course be democratic if it were to be based on a universal franchise. A common roll as suggested for Kenya, however, has been subject to various· qualifications by its advocates. There are those who believe that democracy in Kenya should mean a common citizenship based on European standards with only such people as possess certain wealth, educational and character qualifications having the right to vote. This is one of the doctrines of the Capricorn Africa Society, and it draws support too from those who talk of 'equalrights for all civilised men '. But these suggestions leave no room for democracy, which denotes the right of all people to participate in their own government. All men should enjoy equal political status regardless of their race, colour, sex, creed, or social status. The argument that full democracy is impracticable because not all men have developed a sense of responsibility, ignores the important question as to who shall be the judge and on what criteria judgment is to be based. Does the possession of wealth, academic education or other social status conclusively prove that a person is politically more responsible than those who lack these things? And what is meant by a sense of responsibility? Surely it could be said that the South African White voter exercises his vote responsibly because he returns a government which is committed to European supremacy? But from the point of view of the African people, virtually unrepresented in the South African Parliament, the Europeans are not using their vote responsibly as they are not considering non-European needs and desires. The advocates of limited Common Roll make it quite clear that the qualifications for voting would be based on European standards of wealth and education. This suggests that in fact the Settlers want to stay in Africa as Europeans; they wish to make Africa conform to them and are not willing to adapt themselves to life in Africa. It may well be asked, however, whether the resources of Kenya can uphold a European standard for all its inhabitants and if not, how is the wealth to be distributed? Will it be on the basis of sharing, or on the basis of those with power enjoying comfort at the expense of the powerless masses? Universal Franchise Essential The Capricorn and similar doctrines seek to introduce a new oligarchy in which the control of government will, in practice, be in the hands of the Europeans. Once again it is no answer to the African demand for the creation of a state in which the individual is guaranteed basic democratic rights. Of course some practical difficulties would arise in trying to introduce a limited franchise in Kenya with the existence of adult suffrage for Europeans and Asians. This right, with justification, cannot be withdrawn nor limited in its exercise. It follows, therefore, that limitation can only be applied to the African. As such it can hardly be said that the proposal is non-racial. A common roll is the answer, but only if it is based on universal franchise. There is nothing to be feared in this concept. Democracyin Kenya must guarantee basic individual rights and recognise all individual citizens as equals, both before the law and within society. The doctrine of equal rights for all should be incorporated in the constitution of the country, thus providing for all citizens, whatever their race or colour, the security of legal protection against discrimination. The Coutts Report Although the franchise had been introduced in Kenya in 1919 for the European, and later for the Asian, the move to introduce direct elections for the African has only come late during the Emergency. The recommendations of Mr. Coutts, the Commissioner appointed in 1955 to inquire into this matter, as amended by the Government, may be summarised as follows: (i) That Africans shall have direct elections. (ii) That the franchise shall be limited to those over 21 and shall then depend on the possession of any one of seven listed qualifications. These include the attainment of certain educational standards, an annual income of £120, long service in the Forces or Police, or in Government employment, membership of the Legislative Council or local government authority, and Ior 'meritorious service' as certified by the possession of decorations or by the Provincial Commissioner, and long continuous employment record in industry or agriculture. (iii) Multiple voting will be introduced, with one vote for every such qualification up to a maximum of 3 votes for any one person. The reason used to justify this ' fancy franchise ' are once again the alleged inability of the African to exercise political responsibility due to illiteracy and lack of political awareness. Illiteracy cannot be accepted by Africans as a justifiable reason since there are countries where illiterate voters have successfully used the ballot by devices such as the use of pictures instead of names to identify candidates. In Kenya itself the illiterate Asian voters have used this device for many years. One Man, One Vote Theoretically the lack of political awareness may be a justifiable argument for restriction of voting rights, . but the questions as to the criteria on which judgment is based and who sets up this criteria remain unanswered. Even if these points could be overcome no one equidjustify the granting of more than one vote to some persons; a personeither is, or is not, politically conscious and politically capable. Hence the need for a multiple vote does not arise. However it is not necessary to pursue these points further since Mr. Coutts makes no secret of the fact that he has recommended a multiple vote in anticipation of the future creation of a common roll. The type of common roll he had in mind is not difficult to guess. He obviously supports the doctrine of a qualified citizenship. But Mr. Coutts' recommendations throw light on what may well happen when this common roll is founded. Since introduction of a qualitative franchise for the European and Asian is out bf the question the only possibility is that when the common roll is introduced all European and Asian voters will automatically trans· fer to it. The transfer of an African voter with one or two votes would, however, make nonsense of the qualifications on the African register. Thus it would appear that only those Africans with three votes will be transferred to the new Register. But it is evident from the qualifications necessary that only a handful of Africans will in fact possess three votes, hence they will be ineffective on the common roll. · Experien.ce in Southern Rhodesia has shown very clearly how this type of common roll can be manipulated by a minority to hold power firmly and permanently in its own hands. On these grounds the suggested African franchise must be condemned. That universal franchise may result in the election of some incompetent or self-seeking persons is quite possible, but it can hardly be deniedthat this happens now among the ' civilised ' Europeans, and even in Great Britain itself. In any case it is only through such mistakes that the African will gain experience. Voting . is the only possible way to gain voting experience. Adult franchise on the African communal roll is a necessary preliminary to any future development of a common roll. The Kenya African Union, the only African political organisation, was banned in 1953 on allegations of complicity in subversive activity. Its leaders had been arrested on the declaration of the Emergency in 1952. The new leaders, most of whom were non-Kikuyu, were not given a chance to prove their line of politics. There was haste-engendered by the White Settlers -to silence African political expression. Hostility to African Politics European Settler attitude to African politics suffers from two handicaps. Firstly, because the majority of Europeans believe they know best what is good for Africans and secondly because the Europeans would like to retain their superiority and hence resent any Africans who talk to them as equals. Then there is the overall fear of the threat to European domination which strong African political organisation would bring with it. From the beginning, therefore, most Europeans have been unco-operative and unsympathetic to African politics and politicalorganisations. Because the Kenya African Union demanded more land for Africans, better wages, better housing, better social services, and fought against the Kipande system, it was called irresponsible. But it voiced African opinion, it was popul~r and so were its leaders. Unfortunately the K.A.U. was treated with hostility in government circles. Its meetings and activities were restricted, its leadership snubbed. It is hardlysurprising therefore that the K.A.U. and African politics in general took a more extreme position. As African politics and politicians failed to receive the recognition which is essential for the development of ' responsible' politics in any country, the blame for their extremism is equally shared by the government and the European co1nmunity. It would be interesting, for example, to find out how many times, in the course of ten years prior to the Emergency, the Governor of Kenya or the leading European politicians consulted, met, or discussed Kenya political problems, on equal terms, with K.A.U. leaders. The attitude has been to play down the position of the popular African leaders and to try to build up government- appointed chiefs or some other African who is prepared to become, a yes man. This was comparatively easy in the absence of elected African Members of the Legislative Council. But real African leaders can only be those who are accepted as such by the Africans themselves. Control and Restriction The Government's present policy towards African politics is based on the principle of control. It restricts Afr:ican political organisation to a district level and requires these District Associations to declare in their constitutions that their activities will concern only the interests of Africans in their own areas. It legislates against the formation of National organisations and forbids the expression by any African or partly African organisation, from making political statements or engaging in political activities ort anational level. Because of the experience with the K.A.U., it is argued, the government cannot afford to take a chance with national political organisations. But the solution to Kenya's problems requires that Africans have a free and effective say in whatever policies are to be implemented. This can only be accomplished through an effective political organisation. The answer therefore lies in giving Africans freedom of association and political expression and in recognising African political leaders and political organisations. Economic Development a Priority Kenya's need for rapid economic development is urgent. Today this needs external capital. It is suggested in some quarters that this capital can only be induced by the presence of a European-led government. It is, however, certain that the imposition of a European-controlled government on an unwilling people will result in political instability, which might jeopardise the country's ability to attract outside investors. It is possible that the emergence of a predominantly African Government would, in the initial stages, slow up the pace of external investment. The choice, however, is between carrying on with the present form of government, despite the political consequences, or facing the issue now. There is no doubt that once there is political stability and securityinvestors will not care about the skin colour of those who man the government. Economic development in Kenya should consist of concrete pro- grammes with targets on the lines of the Indian Five Year Plan. These must aim at improving the country and the people as a whole, and not just a few individuals. But the implementation of all economic plans in Kenya will depend as much on political as on economic considerations. This applies to the recommendations of the East Africa Royal Commission Report 1955, which is in itself a political document. Almost all its proposals are matters of political controversy. It is not possible to discuss the economic problems and needs of Kenya in this pamphlet. We are conscious of them but realise that social and economic development are matters controlled by Government legislation. While the African does not wield effective political power his social and economic development will always be subject to the generosity of those who govern. It is therefore on the political aspect that we must first concentrate. A glance at the 1956 Kenya Budget emphasises this need. Twenty per cent. of Government revenue is allocated to the 'maintenance of law and order' and only twenty-five per cent. for all social ·services -thus again putting the emphasis on control. ' 36 6. Programme for Reform T T HE FOREGOING chapters have outlined the problems that face Kenya today. We have also tried to examine critically the efforts now being made to solve them. 11le basic facts which must be faced if we are to solve these problems are: (i) The recognition of Kenya as an African country. The population is made up of 5-i million Africans, 45,000 Europeans and 150,000 Asians. (ii) European domination is not conducive to the future goodrelations of the Africans and the immigrant people who wish to make their homes in Kenya. (iii) The maintenance of group interests is incompatible with the development towards recognition of basic individual democratic rights. Obstacles to Progress Once these facts have been acknowledged then the way is open for the determination of our ultimate objective -a democratic society.· The obstacle in the way of this development is the hope of some Europeans that if they hold on long enough the British Government will transfer power to them, and thus enable them to transform Kenya into another Southern Rhodesia. It is essential that this hope be destroyed. Then the European will be faced with the choice; either he agrees to be treated as an equal with his African and Asian neighbours, or there is no place for him in Kenya. This choice is not put forward in any anti-European spirit. It is justthat racial privilege can have no place in a democratic society. As an individual the European will be accepted for what he himself is; he will be judged according to his merits and rewarded according to his individual contribution to the society in which he lives. If the hope of European domination is to be effectively eliminated then the British Government will have to intervene. It must make a declaration that its aim is to create in Kenya a democratic government which will give recognition to the principle of equality of individual citizens· as against racial groups. To make clear that this is not just another empty declaration like that of 1923, the British Government will have to introduce immediate reforms in Kenya. These reforms must be comprehensive. They must include the reform of the Legislative Council and should give greater attention to the many social and economic problems of the country. The Legislative Council must be reformed by gradually superseding communal representation by equal representation for all individuals. The first move should be made in 1957, instituting parity on the Tanganyika pattern of equal representation for the three main races. This must be followed within four years -the life of a Legislative Council-byrepresentation on the basis of equality between the Africans on the one hand and the Non-Africans on the other. There must then be speedy progress towards completely individual representation. These changed p;:trity representation proposals can only be an expedient for the transitional stage. The development towards non-racial democratic election must remain the purpose of constitutional change. Parity The unofficial side of the Council of Ministers should be on the basis of parity between the three main races, with an agreed number of Parliamentary Under Secretaries. But the aim here too must be the abolition of racial representation. It i argued that the introduction of reforms of the Legislative Council and Council of Ministers cannot take place before the Europeans are assured that their intere t will be safeguarded against po sible action by a dominant African group. This argument ignores the fact that to change the pre ent political attitudes in Kenya the European must be made to feel his need to be on good term with the African. An example of this is provided by the behaviour of Mr. Blundell and orne of his colleagues. In the early stages of the Emergency, when the situation was desperate, they made very moderate statements and were ready to risk popularity with their own group in order to secure co-operation from the Africans and the Asians. With growing improvement in the situation this moderation has been quickly abandoned until today Mr. Blundell speaks of accepting Africans ' o far and no further'. Their determination to sever links with the Colonial Office and establish a European dominated elf-governing Kenya is al o being made clearer. The change sugge ted here are necessary for the Europeans to feel the need to build .and maintain friendly relations with the Africans. Extending the Franchise At the same time as these suggested constitutional reforms are carried out, the franchise mu t be extended to the African community on the basis of one man one vote. The multiple vote serves no useful purpose and should be abolished. Any case for the temporary limitation of the franchise in certain African areas, e.g. Northern Province, must be ubject to discussion and agreement with African leaders and the population concerned. A third immediate reform mu t be the legal abolition of colour discrimination. Thi is not just a protection for the African but is also a protection for the European who may be discriminated against by Africans as they enter into the social life of the country. Such a law could not, of cour e, eliminate colour prejudice, but it could prevent the practice of di crimination which would it elf gradually undermine the prejudice. Because of the psychological as we11 as economic importance of the land question there must be an immediate ban on further im1nigration of European farmers. The anachronism of the White Highlands must be abolished. This does not mean that all the farmers in this area will be dispossessed, but that it will be possible for members of other races to own land in the Highlands under individual title or on a co-operative basis. It must be remembered that the Troup Report (1953) revealed that large areas of the Highlands were not being properly farmed. Good husbandry should be made a condition of occupancy -a rule to be applied regardless of race. Due to the economic structure of the majorraces and the dependence of Africans on land both as the only security in old age and as the main means of subsistence, it would be necessary in the initial stages to restrict sale of land in the present Re erves. A Plan for Development A programme of economic and social development with fixed targets should be drawn up. Of first importance is the extension of education; this is basic to the whole future of Kenya and must be regarded a an emergency measure. The programme should also include a policy of land distribution and ownership, and the development of agriculture; also it should outline the future policy on minimum wages, housing in towns, medical services and old age security for workers. Finally a deliberate programme of recruiting and training Africans for responsible posts in the Civil Service should be start d. The above reforms can be introduced immediately. Without some such action political in tability is bound to continue. Obviously other changeswill be necessary to change Kenya into a democratic state. But these will depend on the fulfilment of reforms suggested above. A con titutional conference should be called during the life of the first Legislative Council in which there is equal representation for all races, to discus the replacement of communal representation in the Legislative Council by geographical representation, and the establishment of a common roll based on universal adult suffrage. In the initial stages it may be necessary to reserve a few Legislative Council seats for the representation of communal interests by appointed members. But this form of representation must last only a short period. The legal abolition of separate public schools at all levels will have to be dealt with very quickly, because egregation of children builds upfeelings of group differences. The only reason it is not included in the list of immediate reforms is that the administrative arrangements for the change may take some time. If no child already at school is to be deprived of education it will also demand a great extension of educational facilities. Towards Self-Government A programme for Kenya's development towards internal self-government and independence within the Commonwealth must al o be drawn up. Once changes along the lines indicated here have taken place then Kenya will want to take her place among the members of the Com 10nwealth. i am convinced that this programme provides a basis £or the soiution of Kenya's problems. There are, however, two points that need stressing. Firstly, that during the process of reform British Government control must be retained to prevent any attempt by any one group to assume domination over the others. Secondly, to meet the economic and social programme reliance cannot be put on private capital alone. It will be necessary to approach international agencies for assistance and loans. To ensure that such assistance is used to the best advantage the Government will have to take a more active part in the economy of the territory. This is inevitable in the modern world, and is vital in a land needing as much development as Kenya. The Government has to ensure that it acts both to increase the total wealth available and to distribute it fairly among the people. 7. Conclusion JN THIS pamphlet it has only been possible briefly to outline the most important aspects of Kenya's political problems. For those who know Kenya well. it will appear sketchy; for those who know nothing it may assume too much knowledge. It does not claim to be objective in the sense of being uncontroversial. 1\1any points have not been considered. Critics may complain that little has been written of. the Government's efforts, which have been considerable in some fields -especiallysince the Emergency. It may also be said that the writer has not stressed sufficiently the dreadful atrocities committed by Mau Mau. But these points have been borne in mind by the writer. In any case the viewpoints of the Government and Europeans receive plenty of publicity while there is little reference to the African viewpoint. The intention has been to give an Afri.can point of view of the various problems and to outline a possible solution. African Participation The writer may also be accused of failing to appreciate the lack of Africans with qualifications, experience, knowledge and ability to take part in the Legislative Council and higher Civil Service posts. This has been very carefully considered, and the recommendations are made in the belief that a person only learns and gains experience by takingpart in the job concerned, and more important it is only by implementing these changes that educational and economic programmes will be adopted which will aim at the speedy advancement of the African. The excuse that an African is unable to participate in modern government is not considered valid when no programme is formulated by which to estimate when he will be ready. The solution outlined may appear dramatic or radical, but this is a necessary consequence of the present situation in Kenya. Over fifty years have passed during which this unhappy situation could have been averted. Determination is necessary, for half-measure.s in the rapid pace at which we have to move, will aggravate rather than improve the situation. Is it too late? No. of course not. But action must be taken now, for there is no time for further procrastination. The choice before us is clear. The British Government must be prepared to have a show down with the White Settlers now or be prepared to face indefinite political instability in Kenya. Appendix I TRADE UNIONS This appendix is intended to draw attention to the political issues involved in labour and industrial problems. It is not intended to discuss the various industrial problems nor to outline the actual problems of trade union organisation and administration. The pamphlet is a political one, hence only those problems of political significance are dealt with. A separate pamphlet would probably be useful later, dealing with industrial questions and trade union development. 1. Organisation and Labour Conditions Kenya's African wage labour force is approximately 450,000. This is equally divided between plantation and urban employment. Due to both the social and economic structure of the country the trade union movement is predominantly African. The Europeans are generally employed ·in executive and supervisory jobs, the Asian in skilled craft jobs. Most Africans do manual jobs and a few are in clerical employment. European and Asian organisations are to be found in the Civil Service, the High Commission Services and the Railway. In these services there exist three different workers' organisations, one for each of the racial groups. There is no legal restriction on organisation of a trade union including all races, but attempts to do this have failed for reasons stated earlier. There are nine African registered trade unions, all of which are affiliated to the only central organisation in the country -the Kenya Federation of Labour. The following unions are organised on an industrial basis: The Domestic and Hotel Workers' Union. The Typographical Workers' Union. The Kenya Local Government Workers' Union. The Transport and Allied Workers' Union. The Distributive and Commercial Workers' Union. The Railway African Workers' Union. The Building and Construction Workers' Union. The Tailors' and Garment Workers' Union. The Dock Workers' Union. Labour conditions in Kenya are still to a large extent determined by legislation. Minimum wages are laid down for certain specified areas through a Minimum Wage Board. This is appointed by the Minister of Labour and has both employees' and employers' representatives. The Minister is free to appoint anyone to represent employees, although in practice the Federation of Labour is consulted before such an appointment is made. There are not as yet any minimum wages laid down for the plantation industry. A committee to investigate the need for setting up minimum wages of plantation and agricultural workers has not so far reported. Wage Settlement Wages in towns average between £4 and £5 per month for the majority of African workers, while on the plantations the wages range between £1 lOs. Od. and £2 lOs. Od. per month. In some cases the wage is supplemented by the issue of rations. In addition to the Wages Advisory Board there is also the Central Labour Advisory Board on which representation is by Government appointment. The trade unions as such are not represented on this Board. The development of negotiating machinery is still limited to a few unions, namely the Docks, Railways, Local Government, Printing Trades, and the Civil Service. In three industries there exist either Joint Industrial Councils or Joint Negotiating Committees. These bodies carry out both consultative and collective bargaining functions. The rest of the Unions either take part in negotiation through Government-sponsored Wages Councils, or have no channels for collective bargaining at all. Recognition There are a nun1ber of problems in the development of trade unions in Kenya. Foremost is the question of recognition. The employers have in general been hostile to the development of trade unions. Unions cannot fulfil their function of safeguarding the interests of their members if they cannot meet employers and negotiate or discuss grievances. To fight this, the unions launched a recognition campaign in 1955. This resulted in one case in the appointment of a Board of Inquiry which recommended recognition of the Local Government Workers' Union. The Dock Workers' Union, thanks to the progressive outlook of some port employers, was given recognition following an unofficial strike of Dock Workers in Mombasa, and today a few Unions are actuallyrepresented on Wages Councils which include representation of employers. The following resolutions passed by the Association of Municipalities of East Africa illustrate the attitude of the majority of employers to Trade Union recognition. 7th October 1954. Resolved. '(1) That the member Authorities of this Association should endeavour to achieve unanimity and co-ordinated action on the form of negotiating machinery to be adopted in each Council with special reference to the composition of the staff side of any joint committee set up; ... .' 7th January 1955. Resolved. '... ; further, that no direct representation on to any such Committee (Joint Staff Negotiation Committee) be accorded to the Kenya Local Government Workers' Union or any other local Union.' 23rd March 1955. Resolved. 'That each local authority be asked to arrange its relations with its African staff so that the Trade Union move ment as now embodied in African Staff matters is not recognised.' These ·extracts are taken from the memorandum submitted by the City Council of Nairobi to the Board of Inquiry appointed to inquire into the dispute reported by the K.L.G.W.U. (Nairobi Branch) over the refusal of the City Council to recognise and negotiate with the Union. The Board's recommendations came out in favour of the Union and directed that the City Council recognise the Union. Up to the time of writing (over a year since the publication of the Board's recommendations) the City Council has still not agreed to negotiate with the Union. Smaller local authorities have agreed to recognise and negotiate with the Union. Although it is government policy to encourage Trade Union development, the Government has sometimes failed to give this declaration effect. For example they have set up some committees to investigate labour problems or conditions nf employment without inviting Trade Unions to be represented.1 The Council of Ministers has also on two occasions recently turned down agreements of Wages Councils to increase African wages. Essentially therefore recognition still remams an objective which the unions have to organise to achieve. Problems of Development One aspect of this problem is the fact that for many years the Labour Department of the Government has carried out functions which should be performed by Trade Unions. This has created in the minds of many employers, and some workers, the idea that Unions are unnecessary. As Unions are formed and become established in particular industries it is desirable that the structure of the Labour Department should be adapted to meet the new situation. Another factor inhibiting the growth of Unions in Kenya is the high labour turnover. The presence of a large body of immigrant labour is inevitably an impediment to the successful organisation of a permanent Trade Union membership. The solution to this of course lies in improving African wages and urban housing, and the introduction of some form of social security so that the worker can afford to break his links with the Reserves. At present the only forn1 of security an African worker has is the small piece of family land in the Reserves; to this he returns in sickness, unemployment or old age, and the product of this land often supports his family -thus supplementing his low wage. Thus he leads a double life, with one foot in a town and the other in the Reserve where his family lives. These points have been underlin~ bythe Carpenter and _Royal Commission Reports. There is also the problem of Trade Union leader:ship and administration. The lack of enough people with either administrative, organisational or negotiating experience is a problem. In this respect the International Confederation of Free Trade Unions, who have had an office in Kenya since Decmber 1954, are helping. Weekend courses are being run for Trade Union officials. Use is made of audio-visual equipment and publications, in addition to the personal assistance and advice of the I.C.F.T.U. representative on the spot. In addition Trade Unionists have attended I.C.F.T.U. seminars in Accra and Calcutta. The British Trades Union Congress has also sent library books and secretarial equipment to assist in this work, and Mr. Walter Hood of the 1 e.g. (a) Carpenter Committee on African Wages; (b) Committee investigatingthe need for establishing some form of Social Security; (c) Central HousingCommittee; (d) Legislative Council Select Committee investigating the need to establish some form of Registration for Domestic Servants. 44 Colonial Section of the T.U.C. has several times visited Kenya. The International Trade Secretariats have assisted the various unions affiliated to them, both with material aid and literature. The Kenya Government financed and ran a five-week trade union residential course in Jeanes School in 1954. However, real experience can only be gained locally in the process of building up the Movement. That is why it is so essential that the Unions should be recognised. II Trade Unions and Politics The question of the function of Trade Unions and the boundarybetween industrial and political activity has recently become a 1natter · of dispute in Kenya. The Federation of Labour has been accused by European Settlers of engaging in political activity. This consisted of passing resolutions to the I.C.F.T.U. Conference in Vienna in 1955, on such subjects as (a) the alleged existence of Forced Labour in Kenya; (b) the unsatisfactory conditions existing in the agricultural industry; (c) the problems created by .the Emergency and suggesting measures that can bring an end to the Emergency and establish permanent peace, i.e. recognition of African rights and settlement of the land problem. Relations with the Government The Federation was also accused by Government and Europeans on the basis of a statement made by me in London in January 1956, suggesting a solution to Kenya's problems, and lastly because it commented adversely on the Coutts Report on African Franchise -although the Government had raised no objection when it gave evidence to this Inquiry. This disagreement culminated early in 1956 in a Government threat to de-register the Federation if it did not immediately stop making political comments. But for the expert handling of the negotiat'ions bythe Acting General Secretary of K.F.L. , members of the General Council, and the assistance of the I.C.F.T.U. representative in Nairobi, and the subsequent visit to Kenya of Sir Vincent Tewson, the Federation would probably have been banned this year. The Government's argument that the Federation should keep away from political matters raises the question as to what constitutes political and what constitutes industrial matters.1 Especially in Kenya where a large number of industrial questions such as minimum wages, conditions of work, labour and social 1 The Kenya Government took action under the Societies Ordinance, under which the Federation of Labour is registered. In his first letter dated 23rd February 1956 the Registrar-General intimated his intention of cancelling the Federation's registration on the grounds that the Federation was pursuing objectsother than those declared by it in its application for registration and that it had 'assumed the character of a political association pursuing objects in the generalpolitical field and outside the field of labour and the conditions and organisationof workers as such'. In reply the Federation cited its objects as set out in its constitution, including the object 'generally to improve the economic and social conditions of all workers in all parts of Kenya', refused to accept the allegation continued on foot of page 46. 45 legislation are decided directly or indirectly by the Legislative Council, it is practically impossible to see how a dividing line can be established between political and industrial problems. It also raises the question of freedom of the trade union movement to champion workers' interests as a class. The Federation pointed out the impossibility of the situation in which the Government was driving it by demanding such assurance. Obstructive Attitudes It is, however, known that apart from the above arguments, the Government also stated that its action was prompted by the fact that under amendments to the Societies Ordinance enacted in January 1956, no African organisation was allowed to express political views on a national level. In the course of the exchanges between the Government and the Federation, it became evident that by virtue of its constitution the Federation was not an African organisation as such, as its membership was open to workers of all races. It is believed that it is as a result of this that the Government, on 6th March, enacted .another amendment to the Societies Ordinance which brought societies with a majority of African members within the scope of the January regulations applicable to African societies. The attitude of the Goverrunent to National African organisation has already been dealt with in another part of this pamphlet. that it had changed its character, and queried the validity of a rigid demarcation between industrial and political activities. On 1Oth March 1956 the Registrarreplied, referring to the legal requirement that a registered society should abide strictly by the objects set out in its registered constitution and to the Emergency(Societies) Regulations of January 1956 covering Mrican political associations, and requiring the Federation to furnish a written undertaking in the following terms: (i) The Federation acknowledges that its political activities must be restricted to matters directly concerning members of constituent Trade Unions in their capacity as employees; (ii) The Federation will henceforth pursue no other political activities; (iii) The Federation acknowledges its legitimate political activities as restricted to such labour issues as -labour legislation; trade disputes; wages; pension schemes; provident funds; employees' housing; workmen's compensation; hours of work; shop hours; paid holidays; medical and health benefits; and related matters; (iv) The Federation will not permit any of its Officers to engage in politicalactivities beyond the limits described, in the name of or with the authorityof the Federation. Following a visit to Kenya by Sir Vincent Tewson, General Secretary of the British Trades Union Congress, the Federation sent a reply to the Government which accepted the legal requirements of registration and stated that in view of the wide range of activities which were accepted as being without question the legitimate concern of the Federation, it believed that prior consultation in regard to any marginal matter would avoid a repetition of the difficulties. In regard to the Registrar's fourth condition, the Federation stated that it had already, on 27th January 1956, decided that no trade union official, in his representative trade union capacity, should take part in any political organisation. The Government accepted this letter without pressing for a formal acceptance of the conditions laid down in the Registrar's letter of March lOth, and the Federation's registration was not cancelled. . Finally, I must say that the Federation was fully justified in making the statements referred to. In any democratic country a Trade Union Movement is free to champion the basic rights of its members, and the workers generally. The new law in Kenya is suppressive and is not in keeping with the rights of trade unions in free countries. For this reason it must be fought against until it is revoked. It is said that African Unions must be guided so that they develop into responsible organisations. The development of a responsible trade union movement is, however, as much dependent on the attitude of the Government and the European employers as it is on the African Trade Unionists. Appendix II MINIMUM WAGE FORMULA The present Minimum Wage Formula is given on pp. 64 of the Carpenter Committee Report. The following estimated monthly requirements of a single man should be casted: A. FOOD 36 lb. maize meal. 5-!-lb. wheat flour. 15 lb. potatoes (European). 2 lb. sugar. 8 lb. beans. 4t lb. meat. 7-t lb. vegetables (green leaf). 7-t pts. milk. 1 lb. cooking fat. t lb. tea. 1 lb. salt. B. CLOTHING 1I6th of 1 Khaki Drill shirt. 1 /6th of 1 Khaki Drill shorts. 1I6th of 1 Cotton vest 1I 12th of 1 Blanket. 1/24th of 1 Khaki Drill jacket. 1/24th of 1 Khaki Drill trousers. C. FUEL AND LIGHTING 1 70 lb. bag charcoal. 3 pts. paraffin. D . CLEANING MATERIALS 2 lb. soap. The Total Cost A, B, C, and D establishes our Poverty Datum Line. To this should be added the following: (a) . 33-l-% of the Poverty Datum Line (to establish our Effective Minimum Wage Level). (b) An allowance of 2 shillings for tax. The total rounded off to the nearest 50 cents establishes our BASIC MINIMUM WAGE (per month). HOUSING ALLOWANCE -considered separate on the basis of an amount equal to the average economic cost of a bed-space (40 sq. ft.) in local authority housing. Appendix Ill KENYA CONSTITUTION This is the ' Lyttleton Constitution ' and was introduced in 1954. The Council of Ministers is the principal instrument of policy. COUNCIL OF MINISTERS Governor Deputy Governor 6 Official Members 6 Unofficial Members -made up of: 3 drawn from the European Elected Members 2 drawn from the Asian Ivfembers of Legislative Council 1 drawn from African Members 2 N aminated Members. EXECUTIVE COUNCIL All members of the Council of Ministers 1 Arab 2 Africans Under-Secretaries have also been appointed. LEGISLATIVE COUNCIL Governor as President Vice-President and Speaker 8 Ex-officio Members 18 Nominated Members 21 Elected Members -made up of: 14 Europeans 6 Asians 1 Arab 7 Representative Members -made up of: 6 Africans 1 Arab Appointed, or nominated, Members are appointed direct by the Governor. The Representative Members he appoints with the approval of various racial organisations. The approximate population of the three main racial groups is at present: Europeans 45,000 Asians 150,000 Africans 5,750,000 LAND-ALLOCATION Northern Province and Unclassified Areas 1 ... 150,000 sq. miles Native areas (incl. 15,250 sq.m. of the Masai District and 720 sq. m. Forestry Reserve) 52,000 sq. miles Gazetted I-Iighlands (incl. 4,000 sq. m. Forest Res.) 16,000 sq. miles Lakes 5,000 sq. miles Miscellaneous (Townships, Coastal, Freehold, etc.) ... 1,900 sq. miles Most of this area is semi-desert. This pamphlet is copyright. No part of it may be reproduced without written permission. Enquiries should be addressed to Fabian Colonial Bureau, 11 Dartmouth Street, London, S.W.l. THE Fabian Colonial Bureau II DARTMOUTH STREET LONDON SWI THE B lJ REA lJ was created in October, 1940, as a special department of the Fabian Society. It acts as a clearing house for information and research on colonial affairs and seeks to make its services available to the Labour movement and to the public as a whole in all matters connected with the Colonies. Through its contacts with Members of Parliament and with nationalist and Labour organisations in the Colonies, the Bureau is stimulating a two-way traffic in ideas which no other organisation can rival. DISClJSSION of ideas is provided through meetings and conferences and through the Bureau's monthly journal VENTURE, which also offers information and comment on current political, economic and social development in the . colonial territories. P A IfPHLETS are regularly published and embody the results of research carried ou't under the auspices of the Bureau. 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