Kenya Wildlife Services Stephano Mururu Mukiira [2018] KEHC 785 (KLR)

Facts

The respondent filed a claim with the county wildlife conservation and compensation committee under section 25(4) & (5) of the Wildlife Management & Conservation Act 2013. The appellant/applicant did not receive or respond to the claim.

Issues

1. Whether the trial magistrate erred in dismissing the application to strike out the suit.
2. Whether the trial magistrate erred in relying on the repealed Wildlife Conservation and Management Act.
3. Whether the trial magistrate erred in holding the respondent obligated to support farmers and ranching communities.
4. Whether the trial magistrate erred in holding that section 25 of the Wildlife Management & Conservation Act 2013 does not oust the jurisdiction of the court.
5. Whether the trial magistrate erred in failing to consider court of appeal decisions.

Reasoning

The court held that section 25 of the Wildlife Management & Conservation Act 2013 does not oust the jurisdiction of the court and that the respondent has the option to pursue his claim either through the process stipulated under the Act or through the court.

Outcome

Appeal dismissed

Authorities cited