Osman v Kenya Wildlife Service (Tribunal Appeal 44 of 2022) [2024] KENET 502 (KLR) (26 February 2024) (Judgment)
- Court
- KENET
- Case number
- 502
- Citation
- [2024] KENET 502 (KLR)
- Decided
- 26 February 2024
The Tribunal has no jurisdiction to hear the appeal due to the time-barred nature of the appeal under Section 25(6) of the Wildlife Conservation and Management Act.
Facts
The Appellant, Adan Issack Osman, filed a compensation claim for injuries sustained by his son Zakaria Adan due to a snake bite. The Kenya Wildlife Service (KWS) rejected the claim citing lack of information regarding the relationship of the victim with the next of kin. The Appellant appealed this decision.
Issues
- Jurisdiction of the National Environment Tribunal to hear the appeal
- Time-barred nature of the appeal
Reasoning
The Respondent submitted that the appeal was time-barred by Section 25(6) of the Wildlife Conservation and Management Act, which requires an appeal to be filed within 30 days after being notified of the decision. The Appellant's appeal was filed 5 days beyond this period.
Outcome
The Appellant's Notice of Appeal is struck out.
Orders
- The Appellant's Notice of Appeal dated November 30, 2022 is struck out.
- Each party shall bear its own costs.
Authorities cited
Legislation (2)
- Wildlife Conservation and Management Act, 2013
- Wildlife Conservation and Management Act, 2013, Section 25(6)
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