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Ngera & another v. Kenya Wildlife Service

(1998) JELR 98452 (CA)

Court of Appeal  •  Civil Appeal 171 of 1997  •  2 Oct 1998  •  Kenya

Coram
Johnson Evan Gicheru, Gurbachan Singh Pall, Philip Kiptoo Tunoi

Judgement

Ngera and another v Kenya Wildlife Service

Court of Appeal, at Nairobi October 2, 1998

Gicheru, Tunoi and Pall JJ A

Civil Appeal No 171 of 1997

(Appeal from the Ruling/ Order of the High Court of Kenya at Nakuru (Hon

Justice D M Rimita) dated 21st February 1995 in HCCC No 268 of 1992)

Wildlife – management and conservation – the obligation and duty of

Kenya Wildlife Services (KWS) – whether the law imposes an obligation

on KWS to render services necessary to protect a limited class of persons

– Wildlife (Conservation and Management) Act (cap 376).

Wildlife – humans and wildlife conflict - destruction of property – remedy

for destruction occasioned by wild animals – the obligation of KWS –

where the law imposes a statutory obligation on KWS to render services

to a certain class of persons – whether the absence of a remedy under the

Act bars a right of action by a claimant – whether a claim can be brought

under the common law

Statutes – interpretation of statutes – where an Act of Parliament creates

a s…

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