PUBLIC RECORD OFFICE
Reference :-
PEPTIC.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
20 PUBLIC RECORD OFFICE, LONDON
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opinion of the condition of affairs in this country from which it would require Stock thefts were not infrequent, in the country, all their time and care to recover. but he was yet to be persuaded that they had reached alarming proportions, or even that they materially exceeded the proportion of that crime witnessed in some of their older Colonies, just as they certainly did not compare with the prevalence of such crime existing in early days in all their Colonies. Nor was he aware of any joint representations having been made to Government on the subject. Any effective and justifiable measures found to be practicable, beyond those in their hands, would be seriously considered with a view to the prevention of such crime.
Causes of Stock Thefts and Preventive Measures. He would like to put before them what he considered to be the main and even the minor contributory causes which produced stock thefts, and the remedial measures which might be adopted, and subsequently to place these various matters before the meeting one by one, when they could be discussed; and if any of the gentlemen who had kindly come to meet him could offer remarks upon them or indicate further contributory causes and remedial measures, due notice would be taken of them and the matter considered. The main contributory causes appeared to him to be :-
The system of squatting by natives upon farms;
Trespass by natives;
Vagrancy;
Lack of registration of natives;
and as minor causes :-
Disposal of carcases by stock farmers;
Lack of good fencing;
Inferior construction of cattle kraals.
The remedial and preventive measures which they had at their command, but which might require improvement or alteration, were primarily :—
(1) Sentences which were allowed by law for stock thefts.
(2) The operation of the trespass and vagrancy laws.
(3) Pass law.
(4) Branding.
(5) Secret service and policing.
(6) The regulation of squatters and Kaffir farming,
(7) Collective punishment; and one or two minor remedial measures which
he would refer to later.
Contributory causes: (1) Squatting; (2) Trespass by natives; (3) Vagrancy- Among the primary main contributory causes he had mentioned squatting. This he referred to at length, giving the view of the South African Commission. He then referred to trespass and vagrancy, saying that he thought much could be done by co-operation between Government and farmers. He was aware that the trespass and vagrancy laws were not entirely suited to their requirements, but thought this could be remedied. At the same time it had always to be remembered that they did not wish to hinder the free passage of bond fide natives who were seeking work. If it was too vigorously applied to farms which were contiguous to native reserves the labour supply would be interfered with. It was desirable to consider the whole country and not particular interests.
(4) Lack of Registration.-Lack of registration, as another contributory cause, would be discussed when they came to the question of remedial measures and the pass law.
Minor contributory causes: (1) Disposal of carcases.-As a minor cause he had given the disposal of carcases by handing them over to the natives. He did not think he required to refer to the situation which naturally arose from such acts.
(2) Lack of good fencing; (3) Inferior construction of cattle kraals.-Bad fencing and bad construction of kraals were matters of capital but nevertheless they were minor causes.
Remedial and Preventive Measures: (1) Sentences. As to remedial measures. The present maximum sentence which could he had first mentioned sentences.
be imposed under the laws dealing with stock thefts was three years; if the act amounted to house-breaking, or the thief was a servant of his employer, the sentence He then referred to the case of South Africa, where could be one of seven years.
the sentences for such thefts were one and two years respectively. Recently the Naturally the Executive had no Courts here had been sentencing rigorously.
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control over the cases. He himself had seen the sentences. The Judges had told him that stock thefts were the only crime in the country which had increased, and the temptation to thieve had naturally increased with the increase in settlers' flocks and herds. The Judges would not say that the number of stock thefts had increased in proportion to the temptation. The number of sheep stolen was small compared with the number of sheep owned. According to the stock thefts reported to the police there had been 201 cases dealt with. The animals concerned in these cases numbered 1,210, of which 432 were recovered, or 35 per cent. The convictions The number of stock which it was secured were 86, approximately 45 per cent. estimated colonists had at present in their possession-sheep and cattle-for the year 1909 was 64,000 sheep and 12,600 cattle; in 1911, 160,000 sheep and 17,000 cattle. He recently had an opportunity of ascertaining from a Colony which approximated in conditions their own-viz., Southern Rhodesia-the number of stock thefts which occurred there. They could not give the exact number of cattle and sheep separately, nor those belonging to native and settler, but there were in the Colony 771,000 cattle, sheep, and goats, and the number of cases of stock thefts reported last year was 225; the proportion of convictions was 75 per cent. They were unable to furnish any report as to the percentage of stock recovered. Now, though the proportion here which was not at present 1 per cent.—was high, in our conditions of a long line of farms with native reserves in every direction it could not be considered a very high one, and he might mention the curious fact that the thieves were almost always first offenders. They did not appear to be habitual stock thieves, and therefore it seemed to be all the more necessary that they should get at these people primarily. Unless the question was tackled it appeared to him that they would produce habitual stock thieves.
(3) Pass Law. It had been frequently urged that the Pass Law would provide a sufficient remedy. There was a Pass Law in the country, which, he frankly admitted, was at present inoperative. To put it into operation in so far as the Highlands were concerned, without even extending the measure to the whole Protec- torate, would necessitate its application to the Wakamba country, the Kikuyu, the Masai, the Nandi, and the Kavirondo. It was also frequently urged that the Pass Law elsewhere had proved very effective. If they were to make up the Pass Law 'seriously, it would mean a very large expenditure of money, owing to the difficulty in natives obtaining passes, as the District Commissioners' time was all taken up If with their other duties, and it would be impossible for them to issue passes. the work could not be done properly it would be useless doing anything at all.
(4) Branding.-The next remedial measure was that of branding. They had no compulsory branding. In the present condition of things the Courts were un- doubtedly of opinion that branding had had a very good effect indeed in the preven- tion of stock thefts.
(5) Secret Service and Policing.-To put secret service employees upon farms was a much more difficult matter than appeared at first sight. No confidence could be placed in the WaKikuyu or WaKavirondo. If men of a higher race were placed on the farms they would possibly very quickly detect thieving, but they would soon be known, and would be regarded with suspicion. Policing generally and trial by He had been magistrates would, however, to a certain extent control stock thefts. informed by the native chiefs that many of the stock thefts had been committed by natives who had cast themselves adrift from the tribe and were living just outside the boundaries of the reserve, and were therefore not within the jurisdiction of their chief. These men were rarely seen by any administrative officers or watched by the police.
(6) Regulation of Squatters and Kaffir Farming.-This was a very large ques- tion, and one on which the settlers of this country were divided in opinion. The South African opinion, formed after a good many years' experience, he had read to them. Undoubtedly to his mind this was one of the most fruitful sources of producing thieves existing in the Protectorate.
(7) Collective Punishment. He had been urged that collective punishment when it came in was not viewed entirely with favour by some of his unofficial advisers. They feared that it would be a great hardship upon the native. It was now urged upon him as a useful means of punishment of the natives when they had offended against the settler. The Collective Punishment Ordinance was introduced to provide for the punishment of collective crime between natives, i.e., where one tribe had attacked another one. If they could not trace and bring into Court the actual offenders, then it was necessary to impose a fine upon the tribe as a whole.