A.-General provisions for Compulsory Labour for Government Purposes as approved by the Secretary of State for the Colonies: (a) Extract from Cmd. 1509 (Secretary of State's despatch of the (b) Relevant sections of the Native Authority Ordinance No. 22 of 1912 as amended by Section 2 of the Native Authority Compulsory Labour for Government Purposes. A.-General Provisions for Compulsory Labour for Government Purposes as approved by the Secretary of State for the Colonies. (a) Extract from Mr. Churchill's despatch to the Officer Administering the Government of Kenya of the 5th September, 1921 (reprinted from Cmd. 1509). Under the Native Authority (Amendment) Ordinance*, 1920, provision was made for Headmen to issue orders to be obeyed by natives residing within the limits of their local jurisdiction for the provision of paid porters for Government servants on tour and for the Government Transport Department, and for the provision of paid labour for work on the construction or maintenance of railways and roads wherever situated in the Protectorate (now Colony and Protectorate of Kenya) and for other work of a public nature whether of a like kind to the foregoing or not, subject to the provisos that no person should be required to work in this way for a longer period than 60 days in any one year, or if fully employed in any other occupation, or if so employed during the preceding 12 months for a period of three months, or if otherwise exempted under directions issued by the Governor. I do not propose to examine now the various arguments put forward for or against this form of labour. Lord Milner agreed to the enactment of the Native Authority (Amendment) Ordinance, 1920, being satisfied at the time that the position justified this measure; but it has always been recognised that recourse should not be had to compulsory labour for Government purposes unless this was absolutely necessary. I need not enlarge on this point of view, which is generally accepted, no less in Kenya by Sir Edward Northey and the Colonial Government than by His Majesty's Government. But conditions have to some extent changed, since the Ordinance was framed, and it is clear from the information with which I have been supplied that the Government has in fact been able to carry out necessary work with only rare recourse to the powers of compulsion conferred by the Ordinance. I hope and believe that in the present state of the labour market in Kenya, recourse to compulsory labour will not be necessary; but it is not certain that this state of affairs will be permanent, and work essential to the life of the community must be carried on. While, therefore, in order to leave no room for misconception, I wish it to be placed on public record that it is the declared policy of the Government of Kenya to avoid recourse to compulsory labour for Government purposes, except when this is absolutely necessary for essential services, I have decided that the legislation which empowers the Government to obtain compulsory Replaced by Ordinance No. 26 of 1922, see later. labour shall remain on the statute book, but with the following amendment: It should be provided that, except in regard to the provision of paid porters for Government servants on tour or for the transport of urgent Government stores, the Government must refer to the Secretary of State for prior authority to utilize the powers of compulsion conferred by the Ordinance and that such authority will only be given for specified works for a specified period. Further, the works of a public nature for which compulsory labour is now permissible and for which in special cases the Secretary of State may in future authorize compulsory labour should be defined in the amending Ordinance. I have not attempted to prepare such a definition, as I think that this ought first to be carefully considered by your Government; but in any event I wish it to be made clear that works carried out for the Government by a contractor cannot be included except with the express sanction of the Secretary of State. (b) Relevant sections of the Native Authority Ordinance No. 22 of 1912 as amended by section 2 of the Native Authority (Amendment) Ordinance No. 26 of 1922. 7. Any Headman may from time to time issue orders to be obeyed by the Natives residing within the local limits of his jurisdiction, for any of the purposes following :— (m) the providing of paid labour for urgent repairs in case of sudden or unforeseen damage to roads or railways or to Government buildings or works, or for the purpose of preventing loss of life or damage to property from fire, flood or other unforeseen cause; (n) the providing of paid porters for Government servants on tour and for the transport of urgent Government stores; (o) the providing of paid labour for work on the construction of and maintenance of the following works of a public nature: (1) Roads, Bridges and Waterworks, (2) Railways, (3) Government Buildings, (4) Harbour Works, Wharves and Piers, (5) Telegraph and Telephone Systems, (6) Such other work of a public nature provided for out of public monies as the Governor may, with the prior approval of the Secretary of State, declare by notice in the Gazette to be a work of a public nature within the meaning of this clause; 8. (1) Whenever a Provincial Commissioner or District Commissioner shall consider that, for the proper administration and good government of the area for which any Headman has been appointed, it is necessary or desirable that |