The Supreme Court set a precedent on Wednesday after ordering the Kenya Wildlife Service (KWS) to compensate an agricultural company after wildlife damaged its crops.
Narok-based Rift Valley Agricultural Contractors Limited was awarded Ksh31.5 Million for crops valued at Ksh64,160,130 that were damaged in June 2000.
Five judges - Justice Mohamed Ibrahim, Jackton Ojwang', Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola - declared that KWS was responsible for protecting farmers' crops in keeping with the Wildlife Act.
The ruling absolved the government of blame and directed that the claim ought to be compensated by KWS only.
[caption caption="File image of Lady Justice of the Supreme Court, Njoki Ndung'u"]
[/caption]
"It follows, therefore, that though the government would ideally be expected to have control of the wildlife, factually it was KWS which had the duty of control of the wildlife by dint of the Wildlife Act.
"Consequently, the liability for the damage occasioned falls on it," the ruling read in part.
Speaking to Kenyans.co.ke, lawyer Apollo Mboya explained that the ruling had opened a door for all other farmers who have suffered losses due to wildlife ravaging through their farms.
"Any ruling delivered by the Supreme Court, the highest court in Kenya, is binding to all other courts. Going by this ruling then all other farmers including those whose livestock have been devoured by wild animals can now file petitions and acquire similar orders," he explained.
Through lawyer Gordon Ogolla, the agricultural company successfully petitioned the matter at the Nakuru High Court where Justice William Ouko found that KWS had breached its statutory requirement.
Justice Ouko granted the Ksh31.5 Million compensation, however, KWS filed an appeal which was dismissed by Justices Roselyne Nambuye, Gathurima M’Inoti and Mohammed Kuno of the Court of Appeal.
The move forced KWS to the Supreme Court where the final orders were granted.
[caption caption="File image of a maize farm in Kenya"]
[/caption]
