Luke Mungania Inebu v Kenya Wildlife Services [2018] KEHC 5534 (KLR)
- Court
- High Court of Kenya
- Case number
- 5534
- Citation
- [2018] KEHC 5534 (KLR)
- Decided
- 21 June 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the Chief Magistrate's CourtCoramD. S. Majanja, A. Mabeya
Holding
The trial court had jurisdiction to entertain the appellant's claim under section 25 of the Wildlife Conservation and Management Act
Facts
On 18 June 2014, three leopards from Meru National Park attacked and killed seven heads of cattle belonging to the appellant on his farm in Muthara Location, Tigania, Meru County.
Issues
- Whether the trial court had jurisdiction to entertain the appellant's claim under section 25 of the Wildlife Conservation and Management Act
- Whether the trial court's dismissal of the case on the ground of lack of jurisdiction was correct
Reasoning
The court held that section 25(1) of the Wildlife Conservation and Management Act gives an option to the victim to pursue a claim to the county wildlife conservation and compensation committee, not to resort to the court process.
Outcome
Appeal allowed, judgment set aside, case referred back to the trial court
Orders
- The trial court's judgment dismissed the case on the ground of lack of jurisdiction is set aside
- The trial court is directed to consider the evidence and write a new judgment
Remedies
- The appellant is awarded Kshs. 40,000 in costs of the appeal
Authorities cited
Legislation (1)
- Wildlife Conservation and Management Act
Cases cited (2)
- Kenya Wildlife Service v Joseph Musyoki Kilonzo NRB CA Civil Appeal No.306 of 2015 [2017]eKLR
- Peter Muturi Njuguna v Kenya Wildlife Service (Supra)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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