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Kenya Wildlife Service v. Rift Valley Agricultural Contractors Limited

(2018) JELR 99886 (SC)

Supreme Court  •  Petition 11 of 2015  •  27 Apr 2018  •  Kenya

Coram
Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

(Coram: Ibrahim, Ojwang, Wanjala, Ndungu and Lenaola SCJ)

PETITION NO. 11 OF 2015

KENYA WILDLIFE SERVICE......................APPELLANT

AND

RIFT VALLEY AGRICULTURAL

CONTRACTORS LIMITED........................RESPONDENT

(Appeal from the Judgment of the Court of Appeal (Nambuye, M’Inoti and

J. Mohamed, JJ.A) at Nairobi dated 10th October 2014

in Nakuru Civil Appeal No. 212 of 2013)

JUDGEMENT

A. INTRODUCTION

[1] The matter before this Court is a petition of appeal filed by the appellant on 30th July 2015 against the decision of the Court of Appeal delivered on 10th October, 2014.

[2] The appeal is anchored on grounds that the Court of Appeal erred:

(i) In wrongly finding that the Judge of the High Court was right in his analysis of the statutory duties of the appellant as set out in Section 3A (c) and (l) of the Wildlife Act.

(ii) In finding that the appellant was liable to compensate the respondents.

(iii) In finding that the rules in Ryland v. Fletcher a…

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