Briton gets Sh64m for elephant attack

• 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.

Eight years after her life changed for the worse following a rogue attack by an elephant a British tourist has been awarded Sh64.9 million compensation by the High Court.  

Mrs Wendy Martin’s trip to Kenya in 2000 turned tragic after an early morning attack while on a jogging jaunt.

The attack left her confined to a wheelchair.  

The 48-year-old physiotherapist was staying at Il Ngwesi lodge with her husband and children.

It was to be the family’s last safari in Kenya before leaving for England.

They arrived at the lodge together with a group of couples, which included six adults and 10 children.

On the fateful day, she went jogging within the lodge in the company of a tour guide and other couples.

After 20 minutes into the run she got tired and decided to return to the lodge.

It was then that the elephant appeared from the bush and on instructions from the guide to run she did so.

She tripped and fell in the undergrowth of the bush.

The elephant gored her with its tusks on her torso, back and leg. She was dragged on the ground for a distance.

Immediately after the ordeal she was taken to a nearby clinic and then flown to Nairobi hospital for treatment, the court heard.

After her condition stabilised, she was flown to England for reconstructive surgery.

When giving evidence to the court on Friday, she fainted twice on the witness box. This, she had said, was caused by the pain in her back and legs.

She had sued Il Ngwesi lodge, Lewa Wildlife Conservancy and an employee, Mr Ian Hamisi Craig following the accident.

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.