Minor in snake bite loses Sh3m compensation on KWS appeal
A minor who was bitten by a snake in Maua, Meru county has lost Sh3 million in compensation after the Court of Appeal overturned a High Court decision that had affirmed the magistrate’s award.
Three appellate judges agreed with the Kenya Wildlife Service’s and rejected the award saying the magistrates’ court lacked original jurisdiction to hear and determine the dispute.
Justices Wanjiru Karanja, Luka Kimaru and Aggrey Muchelule ruled that High Court judge Said Chitembwe erred when he dismissed the KWS’s appeal by holding that the lower court had jurisdiction to arbitrate the claim.
Read: KWS cautions Juja residents, says rabies is behind hyena attacks and unusual behaviour
About nine years ago, a young boy was herding goats in his parent’s farm which neighbours Murerwa National Park in Maua sub-county when he was bitten by a snake.
The incident happened on November 4, 2015, and the minor was taken to Maua General Hospital where he was admitted for four days. He was subsequently put on physiotherapy before he was eventually discharged.
His parents, led by her mother Purity Kanini, reported the incident to the community warden at Murerwa National Park, accusing the wildlife service of negligence as the snake attacked the boy outside the park.
The family sued KWS seeking compensation but the State agency opposed the case claiming there was no negligence on its part as snakes naturally co-exist with human beings.
KWS further objected to the jurisdiction of the court to determine the dispute because, under section 25(3) of the Wildlife Conservation and Management Act, 2013, the boy’s parents ought to have first launched the claim to the County Wildlife Conservation and Compensation Committee.
Thereafter, the committee would then have verified and reviewed the claim before recommending to the Cabinet secretary responsible for Wildlife Conservation and Management for payment.
Maua chief magistrate heard the dispute and dismissed the plea noting it lacked jurisdiction to hear and determine the dispute. Consequently, the magistrate found KWS liable for negligence and awarded the boy Sh3 million.
Read: KWS raises alarm over rise in elephant deaths
Aggrieved, KWS appealed to the High Court in Meru but Justice Chitembwe, dismissed the appeal and affirmed the lower court’s decision, saying there were no reasons to interfere with the verdict.
The judge acknowledged that there were two conflicting decisions by the High Court on the question of whether in such a situation the trial court was duty bound to refer the dispute before to the County Wildlife Conservation and Compensation Committee or the court could assume jurisdiction and determine the dispute.
Justice Chitembwe found that the High Court had both the original and appellate jurisdiction to handle the case.
Undeterred, KWS moved to the Court of Appeal arguing that the dispute should not have been handled by the court and secondly, the award was excessively high.
The appellate judges concurred with KWS and set aside the award stating that a person injured by wildlife, could launch the claim to the County Wildlife Conservation and Compensation Committee for verification and recommend to the Cabinet secretary for payment.
Although the judges noted that a complaint was made to the County Wildlife Conservation and Compensation Committee, there was no evidence given as to what became of the complaint.
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Documentaries
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Primetime
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.