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Osman & another v Kenya Wildlife Service (Tribunal Appeal 44 of 2022) [2023] KENET 1345 (KLR) (13 October 2023) (Ruling)

[2023] KENET 1345 (KLR) KENET
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Court
KENET
Case number
1345
Citation
[2023] KENET 1345 (KLR)
Decided
13 October 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a decision rejecting a compensation claimCoramNyarangi
Holding

The appeal is not time-barred and the tribunal has jurisdiction to entertain the appeal.

Facts

The appellants, Adan Issack Osman and Zakaria Adan Osman, filed an appeal against a decision by the Kenya Wildlife Service (KWS) rejecting their compensation claim for a snake bite. The KWS filed a preliminary objection claiming the appeal is time-barred and that the tribunal lacks jurisdiction.

Issues

  1. Whether the appeal is time-barred by section 25(6) of the Wildlife Conservation and Management Act
  2. Whether the tribunal has jurisdiction to entertain the appeal

Reasoning

The tribunal found that the appeal was filed within the 30-day period required by section 25(6) of the Wildlife Conservation and Management Act, and that the tribunal has jurisdiction to hear the appeal.

Outcome

Appeal dismissed

Authorities cited

Legislation (1)
  • Wildlife Conservation and Management Act (No 47 of 2013)
Cases cited (2)
  • Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd (1969) EA 696
  • Sohanlaldurgadass Rajput & another v Divisional Integrated Development Programmes Co Ltd [2021] eKLR
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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