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should be ascertained before a decision is taken upon the actual arrangement of the constituencies to be represented by the five Indian members.
No articulate expression of opinion can be yet expected from the African tribes in Kenya, and the time has not come to consider what should be their representation on the Council. The educational development of individual natives will undoubtedly precede the political education of the general body of natives; there are, indeed, signs of this already.
In present circumstances, the Governor has the advice of the Chief Native Commissioner in all matters affecting the African population and with the official majority can ensure the enactment of any measures for the betterment of the natives which may be approved by His Majesty's Government. It has, however, been suggested that a nominated unofficial member chosen from among the Christian Missionaries in Kenya specially to advise on such matters should be added to the Council until the time comes when the natives are fitted for direct representation. His Majesty's Government see no objection in principle to this arrangement, and they agree that provision should be made accordingly. It will be for the Governor to select a suitable person for nomination from time to time. It will, of course, be understood that there is no question of the representation of the Missionary Bodies as such, and that consideration of religious denomination will not affect the selection. Nor will the nomination of this one member relieve the Governor and his advisers of their full responsibility for representing the native interests.
5. Representation on Executive Council.
As regards the Executive Council, the present position as set forth in the Wood-Winterton report will be maintained, except that the Governor will be given authority to nominate as an additional un- official member a suitable person, preferably a Missionary, whose advice on matters affecting Africans will, in the opinion of the Governor, be of value.
6. Representation on Municipal Councils.
The only municipality which has been set up in Kenya is that of Nairobi.
The Municipal Corporations Ordinance No. 33 of 1922 provides for Municipal Councils to consist of so many Councillors as the Governor shall determine, and the appointment of these Councillors rests with the Governor.
It was not desired to suspend the enactment of various amend- ments to the existing law which are included in this Ordinance until the policy as to elections for Municipal Councillors had been determined; consequently, the provision for the constitution of Municipal Councils was re-enacted generally in the form in which it appeared in the Municipal Corporations Ordinance of 1909.
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Lord Milner contemplated in 1920 election in lieu of nomination of Municipal Councillors, but no concrete scheme was submitted by the Colonial Government for giving effect to that policy. The matter is one requiring careful examination, but, in principle, if an elective basis is now introduced, it follows from the decision in regard to the Legislative Council that municipal representation must also be on a communal basis, due provision being made for the protection of the interests of the Africans until such time as they are fit to exercise a franchise.
It will be an instruction to the Governor to put forward proposals for consideration of the Secretary of State for the Colonies after he has been able to consult his advisers in Kenya.
7. Segregation in Townships.
The next matter for consideration is that of segregation of the European and non-European races. Following upon Professor Simpson's report, a policy of segregation was adopted in principle, and it was proposed by Lord Milner to retain this policy both on sanitary and social grounds. So far as commercial segregation is concerned, it has already been generally agreed that this should be discontinued. But in regard to residential segregation, matters have been in suspense for some time, and all sales of township plots have been held up pending a final decision on the question of principle involved. It is now the view of the competent medical authorities that, as a sanitation measure, segregation of Europeans and Asiatics is not absolutely essential for the preservation of the health of the community; the rigid enforce- ment of sanitary, police and building regulations, without any racial discrimination, by the Colonial and municipal authorities will suffice. may well prove that in practice the different races will, by a natural affinity, keep together in separate quarters, but to effect such separation by legislative enactment except on the strongest sanitary grounds would not, in the opinion of His Majesty's Government, be justifiable. They have therefore decided that the policy of segregation as between Europeans and Asiatics in the townships must be abandoned.
It
But for the present, at any rate, it is considered desirable, as in other native dependencies, to keep the residential quarters of natives, so far as may be practicable, separate from those of the immigrant races. In the case of individual natives, such as servants, strict segregation would be unworkable; but it is important that, when areas have been fixed in townships for native residence, those areas should be regarded as definitely set aside for the use of natives, and no encroachinent thereon by non-African races should be permitted.
8. Reservation of Highlands.
As early as 1906 the question of the grant of land in the Highlands to non-Europeans had arisen for consideration, and Lord Elgin, who was then Secretary of State for the Colonies, informed the Commis- sioner (now styled Governor) that it would not be in accordance with
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