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Kenya Wildlife Service v. Rift Valley Agricultural Contractors Limited

(2015) JELR 99889 (CA)

Court of Appeal  •  Civil Application Sup. 19 of 2014 (Ur 13/2014)  •  3 Jul 2015  •  Kenya

Coram
John Wycliffe Mwera, Philomena Mbete Mwilu, James Otieno Odek

Judgement

RULING OF THE COURT

By Notice of Motion dated 19th December 2014, the applicant seeks Certification and leave to appeal to the Supreme Court. The order sought is:

(1) A Certificate that a matter of general public importance is involved in the intended appeal to the Supreme Court.

The undisputed facts relevant to this application are as follows: The applicant, Kenya Wildlife Service is a body corporate established under the Wildlife (Conservation and Management) Act, Cap 376 of the Laws of Kenya (as amended by Act 16 of 1989). The respondent Rift Valley Agricultural Contractors Limited was at all material times the beneficial owner of land surrounding the Maasai Mara National Game Reserve. Between the months of March and May 2000, the respondent had planted 2000 hectares of wheat and 40 hectares of barley. Around the months of March and July 2000, while the respondent’s crop was ripe, droves of wildlife including wildebeest, zebras and antelopes, among others, indiscriminately invaded the…

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