1. The ex-parte applicant has filed a Notice of Motion dated… seeking an order of mandamus to compel the 1st respondent to pay the ex parte applicant the sum of KShs. 2 million as contemplated under section 25(3)(c) of the Wildlife Conservation and Management Act (Cap. 376) Laws of Kenya. The claim arises out of injuries sustained by the ex-parte applicant as a result of an attack by elelphants on 13/9/2021. It is her contention that despite filing her claim on time, the 1st respondent has failed failed and/or ignore to make good the compensation.
2. Compensation for personal injury or death or damage to property under the Act is provided for in section 25 as follows:
(1) Where any person suffers any bodily injury or is killed by any wildlife listed under the Third Schedule, the person injured, or in the case of a deceased person, the personal representative or successor or assign, may launch a claim to the County Wildlife Conservation and Compensation Committee within the jurisdiction established under this Act.
(2) The County Wildlife Conservation and Compensation Committee established under section 18 shall verify a claim made under subsection (1) and upon verification, submit the claim to the Cabinet Secretary together with its recommendations thereon.
(3) The Cabinet Secretary shall consider the recommendations made under subsection (2) and where appropriate, pay compensation to the claimant as follows—
a. in the case of death, five million shillings;
b. in the case of injury occasioning permanent disability, three million shillings;
c. in the case of any other injury, a maximum of two million shillings, depending on the extent of injury.
(4) Any person who suffers loss or damage to crops, livestock or other property from wildlife specified in the Seventh Schedule hereof and subject to the rules made by the Cabinet Secretary, may submit a claim to the County Wildlife Conservation and Compensation Committee who shall verify the claim and make recommendations as appropriate and submit it to the Service for due consideration.
(5) The County Wildlife Conservation and Compensation Committee shall review the claim and award and pay a compensation valued at the ruling market rates:
Provided that no compensation shall be paid where the owner of the livestock, crops or other property failed to take reasonable measures to protect such crops, livestock or property from damage by wildlife or his land use practices are in compatible with the ecosystem-based management plan for the area.
(6) A person who is dissatisfied with the award of compensation by either the County Wildlife Conservation and Compensation Committee or the Service may within thirty days after being notified of the decision and award, file an appeal to the National Environment Tribunal and on a second appeal to the Environment and Land Court.
(7) The Cabinet Secretary may, by notice in the Gazette, prescribe such regulations and guidelines as are necessary and appropriate to carry out the purposes of this section.
3. Considering that the claim filed herein is based on statute, the Wildlife Conservation and Management Act (Cap. 376) Laws of Kenya, rather than the common law tort of negligence. The said statute in section 25(6) has provided for mechanisms through which claims for compensation for such as the present one should be channeled and the ex-parte applicant had already invoked the statutory route to compensation. Since the jurisdiction of the Environment and Land Court is specifically provided for on compensation for such claims in its appellate jurisdiction, I wish to call upon learned counsel for the ex-parte applicant to make submissions to this court on the issue of this court’s jurisdiction to proceed and determine this case.
4. This court will then make a ruling on the issue of jurisdiction concurrently with the issue in the Notice of Motion.
5. Orders accordingly.
Ruling delivered, dated and signed in Open Court on the Virtual Platfrom Teams this 11th day of February 2025.
HON. JUSTICE ANDAYI W.F.
JUDGE
In the presence of: -
Mwendwa for the Ex-parte applicant
N/A for the respondents
Johnson - Court Assistant
2. Compensation for personal injury or death or damage to property under the Act is provided for in section 25 as follows:
(1) Where any person suffers any bodily injury or is killed by any wildlife listed under the Third Schedule, the person injured, or in the case of a deceased person, the personal representative or successor or assign, may launch a claim to the County Wildlife Conservation and Compensation Committee within the jurisdiction established under this Act.
(2) The County Wildlife Conservation and Compensation Committee established under section 18 shall verify a claim made under subsection (1) and upon verification, submit the claim to the Cabinet Secretary together with its recommendations thereon.
(3) The Cabinet Secretary shall consider the recommendations made under subsection (2) and where appropriate, pay compensation to the claimant as follows—
a. in the case of death, five million shillings;
b. in the case of injury occasioning permanent disability, three million shillings;
c. in the case of any other injury, a maximum of two million shillings, depending on the extent of injury.
(4) Any person who suffers loss or damage to crops, livestock or other property from wildlife specified in the Seventh Schedule hereof and subject to the rules made by the Cabinet Secretary, may submit a claim to the County Wildlife Conservation and Compensation Committee who shall verify the claim and make recommendations as appropriate and submit it to the Service for due consideration.
(5) The County Wildlife Conservation and Compensation Committee shall review the claim and award and pay a compensation valued at the ruling market rates:
Provided that no compensation shall be paid where the owner of the livestock, crops or other property failed to take reasonable measures to protect such crops, livestock or property from damage by wildlife or his land use practices are in compatible with the ecosystem-based management plan for the area.
(6) A person who is dissatisfied with the award of compensation by either the County Wildlife Conservation and Compensation Committee or the Service may within thirty days after being notified of the decision and award, file an appeal to the National Environment Tribunal and on a second appeal to the Environment and Land Court.
(7) The Cabinet Secretary may, by notice in the Gazette, prescribe such regulations and guidelines as are necessary and appropriate to carry out the purposes of this section.
3. Considering that the claim filed herein is based on statute, the Wildlife Conservation and Management Act (Cap. 376) Laws of Kenya, rather than the common law tort of negligence. The said statute in section 25(6) has provided for mechanisms through which claims for compensation for such as the present one should be channeled and the ex-parte applicant had already invoked the statutory route to compensation. Since the jurisdiction of the Environment and Land Court is specifically provided for on compensation for such claims in its appellate jurisdiction, I wish to call upon learned counsel for the ex-parte applicant to make submissions to this court on the issue of this court’s jurisdiction to proceed and determine this case.
4. This court will then make a ruling on the issue of jurisdiction concurrently with the issue in the Notice of Motion.
5. Orders accordingly.
Ruling delivered, dated and signed in Open Court on the Virtual Platfrom Teams this 11th day of February 2025.
HON. JUSTICE ANDAYI W.F.
JUDGE
In the presence of: -
Mwendwa for the Ex-parte applicant
N/A for the respondents
Johnson - Court Assistant