Masha v Kenya Wildlife Service (Tribunal Appeal 37 of 2020) [2022] KENET 781 (KLR) (19 October 2022) (Judgment)
- Court
- KENET
- Case number
- 781
- Citation
- [2022] KENET 781 (KLR)
- Decided
- 19 October 2022
The committee's finding of inconsistent narratives is set aside. The appellant has satisfied the burden of proof that his mother was bitten by a poisonous snake and passed away from it.
Facts
The appellant's mother, Nyevu Masha Jefwa, was bitten by a poisonous snake on November 19, 2014. She was rushed to Maduguni Dispensary and later confirmed dead at Malindi Hospital. The County Wildlife Conservation and Compensation Committee rejected the claim due to inconsistencies in the narrative.
Issues
- Whether the claim by the appellant against the decision of the committee was sustainable.
- Whether the appellant discharged the burden of proving liability to the required standard.
- If liable, what is the quantum of compensation to be awarded.
- Who is to pay this compensation.
- What orders should this court make.
- Who should bear the costs of the appeal.
Reasoning
The committee's decision violated the appellant's right to a fair hearing. The evidence shows the appellant's mother was bitten by a black mamba and died from neurotoxic poison. The committee's inconsistency finding is not sustainable.
Outcome
Appeal upheld
Orders
- Costs follow the event and are in the discretion of the court.
Remedies
- Award of compensation to the appellant.
Authorities cited
Legislation (2)
- Wildlife Conservation and Management Act No.47 of 2013
- Fair Administrative Act, 2015
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