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Briton gets Sh64m for elephant attack

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By JILLO KADIDA
Posted  Friday, November 28  2008 at  14:30

In Summary

  • Tourist was attacked by rogue elephant on a jogging trip.
  • 48-year-old physiotherapist was staying at Il Ngwesi lodge

  • High Court awards her Shs64.9m compensation.

In giving the award, High Court Judge Lady Justice Mary Angawa said that Mrs Martin was owed a duty of care concerning her safety while at the lodge.

This duty was owed by virtue of Section 3 of the Occupier’s Liability Act (Cap 34 Laws of Kenya), and the three were not relieved of the liability under the Wildlife (Conservation and Management Act (Cap. 376).

Consequently, the three were 100 per cent liable for the injuries suffered by Mrs Martin.

The Lewa Conservancy was created to coordinate promotion of wildlife conservation beyond its boundaries. Education, water project, and a marathon are undertaken to assist in fund raising.

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Add a comment (17 comments so far)

  1. Submitted by nani_ngombe

    syindumyaki. I used the word 'perhaps' and '?'. I suppose language comprehension is not one of your evening hobbies. Anyway, how much do your thighs cost syindumyaki? Will you give them away at 64m?

    Posted  November 30, 2008 10:20 PM  
  2. Submitted by AHMED BURAN

    Why are Kenyans not given even 10% of this amount , is it because she is from U.K. The question we should ask -what was she thinking to jogging in the Wild. We are sorry for what happened but she should have been more cautious .

    Posted  November 30, 2008 07:06 PM  
  3. Submitted by syindumyaki

    Nani-ngombe, its not about whether they pay taxes or not or what kind of business they do. your presumptions and allegations are baseless and wrong. But the figure is incredible and any one can get confused and start defending it!

    Posted  November 30, 2008 11:57 AM  
  4. Submitted by Hillaryio

    My deep symphathy goes to the family of Wendy Martin for the horrific accident. However, the naked truth is that Kenyans never see a single cent whenever they are attacked. Nobody even cares to pay for their medical bills. I believe the laws and courts are to be enjoyed by Kenyans too, right? Lets not be idiots please!

    Posted  November 30, 2008 07:56 AM  
  5. Submitted by nani_ngombe

    amosmbotha, did you read this story? GOK has nothing to do with the compensation. But there are several strengths here. One, that within an effective legal framework, our Kenyan law is just as good. Two, that these guys running 'clandestine' tourist businesses (and perhaps evading tax) have been exposed. What else are they doing up there? Hunting? Exporting wildlife to western zoos?

    Posted  November 30, 2008 12:53 AM  

See all 17 comments