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Kenya Wildlife Service v. Joseph Musyoki Kalonzo

(2017) JELR 99888 (CA)

Court of Appeal  •  Civil Appeal 306 of 2015  •  19 Oct 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Joseph Musyoki Kalonzo (the respondent) is the legal representative to the Estate of Mwende Musyoki, his 13 year old deceased daughter.

On 1st March, 2014, the late Mwende was fetching water at Tana River in Tseikuru District when a crocodile suddenly emerged from the water and attacked her dragging her away into the water. The remains of her battered body was recovered from the river three days later.

2. Her father, subsequently filed a claim for compensation with Kenya Wildlife Services (the appellant), being the institution that is in charge of Wildlife Management and Conservation. He completed some claim forms as provided for under the Wildlife Conservation and Management Act 2013 (the Act) and submitted them to the appellant for processing and payment of damages/compensation as provided for under Section 25(3) of the Act. He continued following up the claim but the appellant failed to pay. Left with no other option, the respondent moved to the High Court in …

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