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7 “Introduction” to the first published reports of the East African Protectorate Law Reports (EAP Law Reports) (1906, Stevens & Sons) at 1. The Foreign Office took over the East African Protectorate from the Imperial British East Africa Company in 1895, with Uganda added in 1902, and transferred responsibility to the Colonial Office in 1905. The Kenya colony and protectorate came into existence in 1920. See Ghai, Y and McAuslan, PPublic Law and Political Change in Kenya (1970, Oxford University Press)Google Scholar, especially chap 1.

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9 The Application to Natives of Indian Acts Ordinance 1903 related to some 30 Indian acts. It reflected the importance of Indian immigration into the protectorate, India's role as imperial Britain's most important colonial possession, and a laboratory for utilitarian law-making and social management. See Stokes, EThe English Utilitarians and India (1959, Clarendon)Google Scholar.

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16 Who Was Who (Oxford University Press) records the service of some of them. JW Barth (1871–1941) was registrar, then attorney-general and chief justice in the East African Protectorate and Kenya between 1902 and 1934; he chaired the Labour Commission in 1912–13 and edited the first edition of Laws of Kenya. Sir William Morris Carter (1873–1960) was registrar, judge and chief justice in the East African Protectorate, Uganda and Tanganyika between 1902 and 1924; he chaired land commissions in Southern Rhodesia (1925) and Kenya (1932–33), and subsequently served on the Royal Commission on Palestine (1936–37). Sir Walter Huggard (died 1957) served in Nigeria and Trinidad and Tobago before being attorney-general in Kenya (1926–29); he subsequently worked in the Straits Settlements and South Africa, retiring to live in the latter. Sir William Hamilton (1867–1944) served in Dominica and Lagos, then in the East African Protectorate from 1897 to 1920, becoming chief justice; he was secretary to the Land Committee in 1904.

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18 Dilley, MBritish Policy in Colonial Kenya (1937, Frank Cass) at 18Google Scholar.

19 Two governors, Girouard (1909–12) and Northey (1918–22), had married white South Africans while serving there. Kenya's chief land surveyor, Arthur Baker, was the brother of Herbert Baker, the architect of union public buildings in South Africa. Christiaan Felling, a South African originally from German South-West Africa, was general manager of Kenya railways from 1922 until his death in 1928.

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26 Hodges, GThe Carrier Corps: Military Labour in the East African Campaign 1914–18 (1986, Greenwood Press)Google Scholar.

27 Parker Political and Social Aspects, above at note 25 at 160. In 1947, 328 Europeans and 71 Indians were recorded as earning over £2,000 each per annum, but not a single African.

28 Regulations for townships were first made under the East Africa Order in Council 1897.

29 Gazette notice of 7 September 1903: Township Rules in Laws of Kenya (1928, Waterlow) at 43.

30 In Laws of Kenya (ibid), the largest of 22 titles was IX (local government) which comprised 427 pages (28%) out of a total of 1504 pages; by contrast title XVI (native affairs) was only 36 pages long.

31 E Sockett Township Law of the East African Protectorate (1918, Government Printer Nairobi).

32 Lord Lugard The Dual Mandate in British Tropical Africa (1922, Frank Cass). In Kenya the “dual policy” after 1922 had a somewhat different meaning, referring to the “complementary development” of African peasant farming alongside white plantation agriculture: Dilley British Policy, above at note 18 at 179.

33 Kenya Townships Act 1902.

34 CO 533/711 and CO 533/513/1 (Kew).

35 Governor Grigg to Colonial Secretary Amery, 25 June 1926 in CO 533/605 (Kew).

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37 Telegram of 21 May 1926 in CO 533/605 (Kew).

38 Letter from Governor Grigg to Colonial Secretary Amery, 23 July 1926, in CO 533/605 (Kew).

39 W Logan “A paper on local government in Kenya”, id at 5.

40 Ibid.

41 Bottomley, 25 May 1926, in CO 533/605 (Kew).

42 Ibid.

43 Ibid.

44 Letter to his mother of 14 December 1926 in Feetham papers (in Rhodes House Library). Sir Richard Feetham (1874–1965) had worked in South Africa since 1902, first as town clerk of Johannesburg (1903–05), then as a barrister and politician; in 1923 he was appointed to the bench of the Supreme Court (Transvaal Division). He had served on the Southborough Committee on Constitutional Reform in India (1918–19) and the Irish Boundary Commission (1924–25): Who Was Who, above at note 16, and Dictionary of National Biography. The other two members of the commission were Attorney-General W Huggard and Lands Commissioner H Martin.

45 Letter from Governor Grigg, above at note 38.

46 Ibid.

47 The other municipalities at the time were Nairobi, Mombasa, Nakuru, Naivasha and Kitale.

48 Councillor Giles in 1924, quoted in Parker Political and Social Aspects, above at note 25 at 184.

49 Minority report to Select Committee (1931): CO 533/414/3 (Kew).

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54 “Memorandum on legislation and regulations in Kenya affecting natives living in municipalities and townships” (1931): CO 822/37/9 (Kew).

55 The principal advocate of racial segregation through town planning at the time was Prof WJR Simpson. See his report “Sanitary matters in the East African Protectorate, Uganda and Zanzibar” (1915): CO no 1025, and Simpson, WJRPrinciples of Hygiene as Applied to Tropical and Sub-Tropical Climates (1908, John Bale)Google Scholar. See also Baker, R and Bayliss, R (1987) “William John Ritchie Simpson (1855–1931)” 31 Medical History 450CrossRefGoogle Scholar.

56 Laws of Kenya, above at note 29 at 254.

57 Kisumu Township Rules, sec 85.

58 Id, sec 87.

59 Colonial annual report, quoted in Anyumba Kisumu Town, above at note 5 at 100.

60 Williams, GReport on the Sanitation of Nairobi, and the Townships of Naivasha, Nakuru and Kisumu (1907, Wellcome Foundation Library: WA670, HK4)Google Scholar.

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63 Id at 13.

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65 Williams Report on the Sanitation, above at note 60 at 12.

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68 “Memorandum on legislation”, above at note 54.

69 Employment of Natives Ordinance 1910, sec 24.

70 Williams Report on the Sanitation, above at note 60 at 12.

71 Parker Political and Social Aspects, above at note 25 at 103.

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75 A land registration system introduced in South Australia in 1858 by Robert Torrens, in which the government is the keeper of the master record of all land and its owners.

76 Annual Report of Commissioner for Local Government (1945, Government Printer Nairobi) at 20.

77 Id (1947) at 30.

78 Id (1946) at 31.

79 Parker Political and Social Aspects, above at note 25 at 101.

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83 Kisumu City: A Strategic Framework (2007, UN-Habitat) at 18; Kisumu District Development Plan 2002–08 (2008, UN-Habitat).

84 Similar methods were used during the enclosures movement in Britain for landowners to enlarge or engross their holdings. See Neeson, JCommoners: Common Right, Enclosure and Social Change in England, 1700–1820 (1994, Cambridge, University Press)Google Scholar.

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86 M Baker “Citizenship on the septic fringe: Urban social policy and peri-urban development in Kisumu, Kenya” (2002, unpublished PhD thesis).

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89 Constitution of Kenya (2010, Kenya Government Printer), secs 62–65.

90 Id, sec 68(a).

91 Id, sec 67(2)(e).

92 United Australia Ltd v Barclays Bank Ltd [1941] AC 1 at 29.