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Court of AppealPartially AllowedCourt of Appeal at Nyeri (from High Court at Meru appeal; suit originating in Maua CMCC No. 192 of 2017)· [2024] KECA 1127 (KLR)

Kenya Wildlife Service v Kanini (Suing as the Next Friend to Edward Koome) (Civil Appeal 30 of 2020) [2024] KECA 1127 (KLR)

Court of Appeal of Kenya
6 September 2024
2,867 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal ruled that people injured by wildlife must claim compensation through the County Wildlife Committee, not the courts.

What this practically means

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Executive summary

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The respondent, suing as next friend of a minor bitten by a snake while herding goats on a farm near Murerwa National Park, sued the Kenya Wildlife Service in negligence. The Chief Magistrate's Court at Maua dismissed the jurisdictional objection, found KWS liable, and awarded Kshs.3,000,000. The High Court at Meru (Chitembwe, J.) dismissed the appeal, following Kenya Wildlife Service v Joseph Musyoki Kilonzo, which held that the word 'may' in section 25(1) of the Wildlife Conservation and Management Act, 2013 left the aggrieved party free to choose the County Wildlife Conservation and Compensation Committee or the court. The Court of Appeal allowed the second appeal, resolving the conflict between that decision and Peter Muturi Njuguna, where the Court held that the specific statutory compensation procedure must be strictly followed. Relying on the Supreme Court's exhaustion jurisprudence (NGO's Coordination Board, Chaurembo Mumba, Nicholas), the Court held the trial court lacked original jurisdiction: the respondent had complained to the Committee but abandoned the claim and went to court, with no effort to compel the Committee by judicial review and no exceptional circumstances. The claim belonged to the Committee, not the courts. The appeal was allowed with costs and the suit dismissed with costs. The binding proposition is that wildlife injury claims under section 25 of the Act must proceed through the statutory Committee mechanism before, and instead of, litigation.

Key legal issues

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01

Whether section 25 of the Wildlife Conservation and Management Act, 2013 ousts the jurisdiction of the courts over claims for bodily injury caused by wildlife

Holding

The claim lay exclusively with the County Wildlife Conservation and Compensation Committee; the trial court lacked original jurisdiction, and the learned Judge erred in holding otherwise.

Reasoning

Section 18 establishes the County Wildlife Conservation and Compensation Committee; section 19 gives it the mandate to review and recommend claims for loss or damage caused by wildlife; section 25 provides the procedure for launching, verification and payment of such claims. Although section 25(1) uses 'may', following Peter Muturi Njuguna the specific statutory procedure had to be strictly followed. The respondent lodged a complaint with the Committee but abandoned it and went to court; there were no exceptional circumstances justifying court intervention.

p. 5
02

Whether the two conflicting Court of Appeal decisions (Peter Muturi Njuguna and Kenya Wildlife Service v Joseph Musyoki Kilonzo) required the High Court to adopt one interpretation

Holding

The High Court had followed Kilonzo (that section 25(1) does not oust the court's jurisdiction), but this Court resolved the conflict in favour of the Njuguna line: the statutory procedure must be exhausted.

Reasoning

In Kilonzo the Court found the use of 'may' and the absence of an express ouster meant the aggrieved party could choose the Committee or the court. In Njuguna, construing the analogous section 62(1) of the repealed Act, the Court held that although 'may' is ordinarily permissive, once a claimant chose to claim, he was compelled to lodge it at the appointed forum. The present Court adopted the Njuguna reasoning and applied the Supreme Court's exhaustion jurisprudence.

p. 5

Legal principles established

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  • Where a statute provides a specific dispute resolution mechanism for claims for injuries or death caused by wildlife under the Wildlife Conservation and Management Act, 2013, that procedure must be followed and the courts have no original jurisdiction over such claims; the use of 'may' in section 25(1) does not confer an option to bypass the statutory forum.
  • A person injured by wildlife must pursue the statutory compensation procedure through the County Wildlife Conservation and Compensation Committee, and failure to force a dilatory committee to act by judicial review does not entitle the claimant to proceed directly to court absent exceptional circumstances.
  • On a second appeal, the Court of Appeal's mandate is confined to matters of law and it will not interfere with findings of fact by the two courts below unless they considered matters they should not have, or failed to consider matters they should have.

Court orders

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  1. 1.Appeal allowed with costs
  2. 2.The respondent's suit in the Chief Magistrate's Court dismissed with costs

Authorities

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Legislation

  • Wildlife Conservation and Management Act, 2013section 25(1), (2), (3)
  • Wildlife Conservation and Management Act, 2013section 18
  • Wildlife Conservation and Management Act, 2013section 19
  • Wildlife Conservation and Management Act, 2013section 117
  • Wildlife (Conservation and Management) Act, Cap 376 (repealed)section 62(1)

Cases cited (10)

  • Speaker of the National Assembly -vs- Karume
    [2008] IKLR 426 EP
  • Peter Muturi Njuguna -vs- Kenya Wildlife Service
    [2017] eKLR
  • Kenya Wildlife Service -vs- Joseph Musyoki Kilonzo
    Civil Appeal No. 306 of 2015
  • Stanley N. Muriithi & another -vs- Bernard Munene Ithiga
    [2016] eKLR
  • Owners of the Motor Vessel "Lilian S" -vs- Caltex Oil (Kenya) Ltd
    [1989] eKLR
  • S.K. Macharia -vs- Kenya Commercial Bank
    Civil Application No. 2 of 2012
  • Kimani Wanyoike -vs- Electoral Commission
    Civil Appeal No. 213 of 1995 (UR)
  • NGO's Coordination Board -vs- E.G. & 4 Others; Katiba Institute (Amicus Curiae)
    (Petition No. 16 of 2019) [2023] KESC 17 (KLR)
  • Albert Chaurembo Mumba & 7 Others -vs- Maurice Munyao & 148 Others
    S.C. Petition No. 3 of 2016; [2019] eKLR
  • Nicholas -vs- Attorney General & 7 Others; National Environmental Complaints Committee & 5 Others (Interested Parties)
    (Petition No. E007 of 2013) [2023] KESC 113 (KLR)
On appeal from
High Court of Kenya at Meru
Jurisdiction invoked
Second appeal to the Court of Appeal under the applicable appellate statute; mandate limited to matters of law

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Kenya Wildlife Service v Kanini (Suing as the Next Friend to Edward Koome) (Civil Appeal 30 of 2020) [2024] KECA 1127 (KLR)", Case Analysis (2024). Court of Appeal at Nyeri (from High Court at Meru appeal; suit originating in Maua CMCC No. 192 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1127/eng@2024-09-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.