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Peter Kirimi Mbogo v Kenya Wildlife Services [2022] KEHC 2267 (KLR)

[2022] KEHC 2267 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2267
Citation
[2022] KEHC 2267 (KLR)
Decided
10 February 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree in a civil caseCoramWAMAE. T. W. CHERERE
Holding

The appeal is dismissed with costs to the respondent

Facts

The appellant, Peter Kirimi Mbogo, sought damages for crop damage by wildlife, while the respondent, Kenya Wildlife Services, was found to have failed to protect the crops as per the Wildlife Act.

Issues

  1. Whether the court correctly found that the appellant's crops were destroyed by wildlife
  2. Whether the court correctly awarded Kshs. 2,000,000 in damages

Reasoning

The court found that the appellant failed to prove the loss of Kshs. 3,640,000 and that the award of Kshs. 2,000,000 was well-founded on the evidence.

Outcome

Appeal dismissed

Orders

  • Appeal dismissed with costs to the respondent

Authorities cited

Legislation (2)
  • Wildlife Act
  • National Parks and National Reserves
Cases cited (3)
  • John Onyango & another vs. Samson Luwayi
  • Capital Fish Kenya Limited v The Kenya Power and Lighting Company Limited
  • Kemfro Africa Limited t/a Meru Express Services, Gathogo Kanini v A.M.M Lubia & Another
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.
Full judgment 0.1 MB · PDF

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