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the qualifications for admission to the voters' roll would not neces- sarily be the same for the two communities; and while Europeans would vote in the European constituencies for European candidates, Indians would vote in the Indian constituencies for Indian candidates. As a variant of the former system, there is the common electoral roll with reservation of seats. This arrangement would involve the setting apart of a certain number of seats in a given constituency for candidates of a certain race; for example, in a constituency returning three members, with two seats reserved for Europeans and one for Indians, the two European candidates and the one Indian candidate highest in the poll would be elected, irrespective of the position in the poll of other candidates of either race.
The common electoral roll for all British subjects and British protected persons, with reservation of seats, was proposed in the Wood-Winterton report, and it was further suggested that the qualifi- cations for voters should be such as to admit, if possible, ten per cent. of the domiciled Indians to the register.
For the common electoral roll it is claimed that it would bridge the gap between the Europeans and Indians by giving a candidate of one race an incentive to study the needs and aspirations of the other race. Further, Indian sentiment, both in India and Kenya, strongly favours the common electoral roll, even though a communal franchise exists in India itself.
A communal franchise secures that every elector shall have the opportunity of being represented by a member with sympathies similar to his own, a consideration which in other Colonies has led the domiciled Indians to press for its adoption; it is well adapted to the needs of a country such as Kenya; no justification is seen for the suggestion that it is derogatory to any of the communities so repre- sented, and it is believed that, so far from having a disruptive tendency, it would contract rather than widen the division between races in Kenya.
So far as Africans are concerned, a communal franchise provides a framework into which native representation can be fitted in due
season.
From the point of view of the Indian residents themselves, this system permits of a far wider franchise being given than would be the case if a common electoral roll were introduced, and this alone should render it acceptable to all supporters of the Indian claims who have at heart the political development of the Indian people.
Finally, it allows of the immediate grant of electoral representa- tion with a wide franchise to the other community in Kenya which is ripe for such institutions, the Arabs of the Coast.
These considerations were weighed before the Wood-Winterton report was drawn up; the recommendation then made turned largely on the desire to meet Indian feeling so far as conditions in Kenya would admit. The result of the reference to opinion in Kenya of the recommendation that a common electoral roll should be adopted, even though combined with a reservation of seats, was to show that the advantages claimed for the common electoral roll would in practice
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have been illusory. In the special conditions existing in Kenya it is clear that no candidate, European or Indian, could stand as an advocate of the interests of the other race without sacrificing the support of his own. If elections were to be fought on racial lines, as they undoubtedly would have been in Kenya, the main advantage claimed for the common electoral roll, namely, the bringing of the races nearer together, would be lost.
Having regard to all the circumstances, His Majesty's Government have decided that the interests of all concerned in Kenya will be best served by the adoption of a communal system of represen-
tation.
(b) Qualifications for Voters. It is not intended to effect any alteration in the qualifications for admission to the register of European voters as laid down in Ordinance No. 22 of 1919; that is to say, adult suffrage, subject to certain necessary and customary reservations. Under the communal system His Majesty's Govern- ment are prepared to grant to Indians a wide franchise. It will be a matter for the Governor of the Colony to ascertain the views of the Indian community and to submit the necessary legislation to give effect thereto. The same procedure will be followed in the case of the Arab community.
(c) Qualifications for Candidates.-His Majesty's Government are prepared to adopt a similar principle in regard to the qualifications for candidates, except that there must be a test which will ensure that candidates have such a knowledge of the English language as will enable them to take their part in the proceedings of the Legislative Council. No system which would involve the use of two or more official languages in the Council will be contemplated; but His Majesty's Government have no ground for supposing that the imposition of this necessary condition will create difficulties or limit unreasonably the choice of suitable candidates.
(d) Numbers on Legislative Council.—The question then remains of the number of seats on the Council to be allocated to each com- munity. As matters stand, there are eleven elected unofficials (Europeans) on the Council, and as a provisional measure authority was given in 1921 for the substitution of four nominated Indian members for the two elected Indian members contemplated in Lord Milner's despatch of the 21st May, 1920.
After full consideration, His Majesty's Government have decided that provision should be made for five elected Indian unofficial members on the Council; while for the Arabs, it has been decided that there shall be one elected member in addition to the nominated Arab official member for whom provision already exists. The Europeans will continue to return eleven elected representatives. The number of nominated official members will be fixed so as to maintain an official majority on the Council.
In the opinion of His Majesty's Government adequate representa- tion of the interests of each community will be secured by this alloca- tion. It is desired, however, that the views of the Indians in Kenya
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