A woman collects maize cobs after wildlife destroyed her farm. FILE PHOTO | NMG
The Supreme Court has dismissed an appeal filed by Kenya
Wildlife Service (KWS) seeking to overturn a Sh31.5 million
compensation to a Narok-based agricultural company.
The judgment sets a precedent that the KWS is responsible for compensating losses caused by wildlife.
Five
judges — Justice Mohamed Ibrahim, Jackton Ojwang, Smokin Wanjala,
Njoki Ndung’u and Isaac Lenaola — affirmed the awarding of Sh31.5
million compensation to Rift Valley Agricultural Contractors Limited for
crop damage by wildlife that occurred in June 2000.
The
judges ruled that the KWS was under a statutory duty under Section 3A
of the Wildlife Act to protect the people’s crops from damage caused by
wildlife.
“It follows, therefore, that though the government would ideally
be expected to have control of the wildlife, factually it was KWS which
had the duty of control of the wildlife by dint of the Wildlife Act.
Consequently, the liability for the damage occasioned falls on it,” read
the judgment.
Close
to two decades ago, wild animals from Maasai Mara game reserve invaded
the company’s farm in Ololung’a within Narok County and damaged crops
valued at Sh64,160,130.
The company through lawyer Gordon Ogolla successfully petitioned the High Court in Nakuru.
Justice
William Ouko, then based in Nakuru in a judgment delivered on July 27,
2011, ruled that the KWS was in breach of its statutory duty under the
law.
The Court awarded Sh31.5 million. When the KWs
appealed, judges Roselyne Nambuye, Gathurima M’Inoti and Mohammed Kuno
dismissed the suit in 2014.
The KWS went to the Supreme
Court in 2015. But the judges ruled: “... we find that breach of
Section 3A imposes a liability on the appellant to compensate for
destruction of crops by wildlife.”
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