Bagaja (Suing on Behalf of Buke Abdi Guracha - Deceased) v Kenya Wildlife Service & another (Tribunal Appeal 33 of 2021) [2023] KENET 489 (KLR) (Civ) (9 October 2023) (Judgment)
- Court
- KENET
- Case number
- 489
- Citation
- [2023] KENET 489 (KLR)
- Decided
- 9 October 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision rejecting a compensation claimCoramEMMANUEL MUMIA, Winnie Tsuma, Kariuki Muigua, Duncan Kuria, Ronald Allamano
Holding
The appeal is allowed, and the Appellant is awarded compensation of Kshs 5,000,000 for the death of Buke Abdi Guracha caused by a snake bite.
Facts
The Appellant, Boru Abdikadir Bagaja, sought compensation for the death of his deceased relative, Buke Abdi Guracha, due to a snake bite, but the Ministerial Wildlife Conservation and Compensation Committee (MWCCC) rejected the claim.
Issues
- Whether the appeal is time-barred
- Whether the Appellant has locus standi
- Whether the tribunal has jurisdiction to admit additional evidence
Reasoning
The tribunal found the appeal timely and the Appellant had locus standi. The rejection of the claim was unjustified as sufficient evidence was provided.
Outcome
Appeal allowed
Orders
- The 1st Respondent shall pay the Appellant Kshs 5,000,000 in compensation
- The Respondent shall bear the costs of the Appeal
Remedies
- Compensation of Kshs 5,000,000 for the death of Buke Abdi Guracha
Authorities cited
Legislation (1)
- Wildlife Conservation and Management Act, No 47 of 2013
Cases cited (4)
- The Owners of Motor Vessel 'Lillian S v Caltex Oil Kenya Ltd
- Samuel Kamau Macharia v Kenya Commercial Bank & 2 Others
- Apex Finance International Limited and Another v Kenya Anti-Corruption Commission
- Goodwill and Trust Investment Ltd and another v Witt and Bush Ltd
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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