KENYA WILDLIFE SERVICE V. RIFT VALLEY AGRICULTURAL CONTRACTORS LIMITED

JUDGEMENT

A. INTRODUCTION

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

(iv) In failing to find that migration of wildlife is a natural phenomenon hence an act of God.

[3] The appellant therefore seeks the following reliefs:

(i) The appeal be allowed.

(ii) The decision of the Court of Appeal be set aside and be substituted with an order allowing the appeal and dismissing the respondent’s case in the High Court.

(iii) Costs of the present appeal, the appeal in…