JOSEPH BORO NGERA AND SUPADUKA NAKURU LIMITED V. KENYA WILDLIFE SERVICE

JUDGMENT OF GICHERU, J. A.

Under the provisions of section 2(6) of the Wildlife (Conservation and Management) (Amendment) Act, NO. 16 of 1989 which came into operation on 15^th January, 1990, "Service" means the Kenya Wildlife Service established under section 3 of the said Act - the respondent herein. Section 3A. (c) and (1) of that Act is in the following terms:

"3A. The function of the Service shall be to -

(c) manage National Parks and National Reserves;

(1) render services to the farming and ranching communities in Kenya necessary for the protection of agriculture and animal husbandry against destruction by wildlife."

By a plaint in the superior court dated 22nd May, 1992 the appellants herein, where material for the purpose of this appeal, averred that they were owners and/or beneficial owners, of land surrounding the Lake Nakuru National Park being L.R. NO. 4790/453 on which during the year 1991 they jointly planted 480 acres of wheat, cultivated and supervised it as by practice and …