No. 3.

The Deputy Governor of Kenya to the Secretary of State for the

SIR,

Colonies.

(Received 5th August, 1925.)

Government House, Nairobi, Kenya, 10th July, 1925.

With reference to the Acting Governor's despatch of 26th June* on the subject of the accusation of "dummying " made against Lord Delamere in Dr. Norman Leys' book, "Kenya," I regret that full information as regards the extent to which Lord Delamere has disposed of the original grant of 100,000 acres in 1903 was not available when that despatch was posted.

2. I transmit herewith the full details of these transactions and the dates on which they occurred, and would refer to my telegram of the 10th instant† in which the total sales were communicated to you.

Details of Sales of the original 1903 Grant of 100,000 acres.

No. 4.

The Secretary of State for the Colonies to the Officer Administering the Government of Kenya.

SIR,

[Answered by No. 5.]

Downing Street, 26th August, 1925.

I have the honour to acknowledge the receipt of your despatch of the 26th of June* on the subject of Lord Delamere's holdings. of land in the Colony of Kenya.

2. While your despatch and its enclosures afford ample proof both of the beneficial development by Lord Delamere of the land which has been in his possession, and of the bona fide character of his acquisitions of land from private persons up to the inquiry made by Colonel Montgomery in 1906, I think it desirable to draw your attention to the fact that that inquiry did not cover the whole period dealt with in the allegations by Mr. Robert Chamberlain published in the book "Kenya." It is there stated that the dummy clause was removed as a result of the consideration of the Crown Lands Bill by a Committee of the Legislative Council and that thereafter Lord Delamere went on his way rejoicing and the dummy system waxed strong."

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3. The conclusion must be drawn that Lord Delamere is alleged to have "dummied " up to the date (4th August, 1914), of the report of the Select Committee of the Legislative Council on the Bill, thereafter until the Crown Lands Ordinance was passed in 1915, and even later; and it is necessary, in order that this matter may be set at rest, that the inquiry should be extended throughout the period during which it might be supposed that "dummying was necessary as a means of obtaining additional

land.

4. It is worth noting, though it is not material in a matter of this kind, that Mr. Chamberlain's reference to a Committee of Council appears to be made under a misapprehension. As a result of the Committee's report it was decided to abandon the condition of personal occupation on the ground that it would limit the negotiability of a title. But that condition was intended to be directed against speculation, not against dummying. The safeguard proposed against dummying was the requirement that the grant of a lease should be preceded by a non-transferable occupation licence. That requirement had (with reluctance) been abandoned by the Secretary of State on the advice of the Governor some months before the draft Ordinance was introduced in the Legislative Council in December, 1913.

I have, &c.,

L. S. AMERY.

*No. 2.

No. 5.

The Governor of Kenya to the Secretary of State for the Colonies.

(Received 18th February, 1926.)

Government House, Nairobi, Kenya, 14th January, 1926.

(Extract.)

SIR,

With reference to your despatch of 26th August,* I have the honour to transmit a further memorandum by the Commissioner of Lands on the subject of Lord Delamere's holdings of land in Kenya, from which you will observe that since the date of Colonel Montgomery's statements Lord Delamere's land acquisitions have been few and have all been purchased in the open market.

2. You will observe that Lord Delamere has no objection to the publication of this correspondence. My personal view is strongly in favour of publication and that the Colony owes it to itself as well as to Lord Delamere to dispose once for all of the calumnies made against him. Publication of the whole correspondence is the most effective way to do so, and I strongly recommend that this be done.

3. I enclose a plant showing Lord Delamere's 100,000 acres block with the portion at present held by his Lordship shown, coloured red. There is no objection to the publication of the information supplied regarding Lord Delamere's disposal of the balance of the area.

I have, &c.,

EDWARD GRIGG,

Governor.

C/914.

ENCLOSURE IN No. 5.

Department of Lands, Nairobi, 1st December, 1925.

The Hon. Colonial Secretary, Nairobi.

Re Lord Delamere's land holdings.

Ref. Your SC.22729/27/41 of 18th ultimo.

The original investigation did in fact cover the whole period dealt with in Mr. Chamberlain's allegations.

* No. 4.

† Not reproduced. The portion still held, which appears from the Enclosure to No. 3 to be 17,855 acres, is shown on the plan as consisting of two large blocks of, very roughly, 8,500 acres and 6,000 acres, and four smaller blocks of 800 acres or less.