Case law
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Division and case type: High Court DivCivil Appeal
…Wildlife Conservation and Compensation Committee.…
…He has already pursued compensation through the committee which approved a payment of Kshs.500,000/= as compensation for the injuries he sustained.…
Division and case type: MERU HIGH COURTCivil Appeal
…Indeed, the KWS Act anticipates such a situation as this and provides for compensation." 8.…
…Similarly, Section 24 establishes the wildlife compensation scheme, whose purpose includes financing compensation claims arising from human death, injury, crop damage, and property loss caused by wildlife.…
Division and case type: MERU HIGH COURTCivil Appeal
…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…
…[emphasis mine] (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…
Division and case type: MERU HIGH COURTCivil Appeal
…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…
…[emphasis mine] (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…
Division and case type: MERU HIGH COURTCivil Appeal
…Section 25 of the Act establishes the statutory framework for compensation of persons affected by human-wildlife conflict.…
…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…
Division and case type: MERU HIGH COURTCivil Appeal
…The extent of compensation is not more than what has been paid to the insured.” 15.…
…The insurer is entitled to seek compensation from the party who is found to blame for the loss limited to the amount paid to the claimant. 18.…
Division and case type: CivilCivil Appeal
…The appellant complains that the compensation awarded him was wholly inadequate and was based on incorrect principles and invites us to increase it.…
…The learned judge put at the forefront of the appellant’s entitlement to compensation, what he called his “loss of dignity”. It is not entirely clear what the judge meant by this.…
Division and case type: CivilCivil Appeal
…RESPONDENT JUDGMENT This is one of the few cases where a land owner disputes compensation paid to him in respect of compulsory acquisition of part of his land.…
…Paragraph 1(c) of the section provides for prompt payment of full compensation for the property so acquired.…
Division and case type: Environment and Land CourtMiscellaneous Application
…That on September 23, 2015, the Court set aside KES 8,500,000/= as compensation for the settlement of counsel fees. 7.…
…Further, it is contended that the judgment in ELCA No. 1 of 2017 awarded Ksh. 230,000,000 as full compensation for the acquisition of the 35 beneficiaries, and that the Land Act provides for full and just compensation in…
Division and case type: High Court DivCivil Appeal
…When awarding compensation, the cause of the injuries is immaterial. The severity of the injuries guides courts. 7.…
…Section 25 of the Wildlife Conservation and Management Act provides guidelines for Compensation for personal injury, death, or property damage.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The appeal is confined to the award of compensation. 7.…
…The only issue falling for determination is whether the Commissioner properly exercised her discretion in awarding the Respondent Kshs.250,000 as compensation. 16.…
Division and case type: High Court DivCivil Appeal
…Section 43 of NHIF Act provides as follows “Recovery of compensation or damages where a contributor to the Fund is entitled, whether under the Workmen’s Compensation Act (Cap.236) or otherwise, to recover compensation or…
…shall not preclude the right of the contributor to recover any compensation or damages.”…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On the compensation awarded, the appellant argues that the respondent did not plead nor prove damage or loss, arising or caused by the violation or contravention.…
…The same was being exploited for free, which was unjust, and the Data Protection Commissioner was entitled to award compensation, for that exploitation.…
Division and case type: High Court CivilCivil Appeal
…In the present case, the respondent occasioned harm to the appellant’s crops, liability was established by the Ministry of Agriculture and compensation set for Kshs. 86,000/- as per the assessment dated 10/12/2020.…
…From the statement of claim, it is clear that the appellant’s cause of action was initially based on the claim for compensation. But he pleaded and produced an agreement dated 11/12/2020.…
Division and case type: High Court DivCivil Appeal
…He demanded that the appellants disclose his share of the compensation.…
…In Kenya, the National Assembly has an ongoing ad hoc committee that is keeping track of the issue of compensation of victims.…
Division and case type: MERU HIGH COURTCivil Appeal
…E172 of 2022 delivered on 29/09/2023 in which the trial magistrate dismissed the Appellant’s claim for compensation for crops destroyed by wild animals. 2.…
…Section 25 of the Act establishes the statutory framework for compensation of persons affected by human-wildlife conflict.…
Division and case type: MERU HIGH COURTCivil Appeal
…E167 of 2022 delivered on 29/09/2023 in which the trial magistrate dismissed the Appellant’s claim for compensation for crops destroyed by wild animals. 2.…
…Section 25 of the Act establishes the statutory framework for compensation of persons affected by human-wildlife conflict.…
Division and case type: MERU HIGH COURTCivil Appeal
…Conservation and Management Act establishes a comprehensive compensation framework for persons who suffer loss, injury or death occasioned by wildlife.…
…According to the Respondent, s 25(4) requires a person whose crops have been destroyed by wildlife and who seeks compensation to first lodge the claim before the County Wildlife Conservation and Compensation Committee for…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The appellant moved to court to see compensation as a result of which Judgment was entered in her favour. 3.…
…The trial court's erroneous findings on compensation for future medical expenses is in the circumstances set aside and substituted with an award of Kshs.200,000 as guided by the medical report by Dr.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…That the learned magistrate erred in law and fact in failing to consider and find that once a vehicle has been declared a write off, the only compensation is the pre-accident value of the motor vehicle, less the salvage value…
…The appellant has argued that compensation for the loss of the motor vehicle should bring any claim by an insured to an end. This is in my view miscomprehension of the law.…