A High Court in Chuka has ordered the Kenya Wildlife Service (KWS) to compensate the family of a man, Josphat Karii Njeru, killed by elephant by paying them over Sh4 million.
Jediel Murithi Njeru had sued KWS as the legal representative of Karii’s estate after killed by a stray elephant on May 1, 2017. However, the cases was dismissed by the Senior Principal Magistrate’s Court in Marimati.
Murithi filed an appeal after the Principal Magistrate’s Court dismissed the case in a judgement delivered on April 11, 2019.
Justice Robert Kipkoech Limo of the High Court in Chuka set aside the earlier decision by the Magistrate’s Court.
According to the judge, KWS has not denied liability but resorted technicalities as an excuse for not compensating the Murithi.
The judgement read, “This court entered judgement for the appellant at Sh5 million less 20 per cent liability that reduced the figure by one million. The appellant is therefore awarded Sh4 million plus special damages of Sh45,000.”
No comments:
Post a Comment