Court awards Tana River family Sh4m for boy killed by crocodile

The High Court has awarded Sh4 million in compensation to the family of a 13-year-old boy, who was killed by a crocodile while fetching water from Tana River in March last year.

The father of the class Six pupil, Mr Joseph Kalonzo, had sued the Kenya Wildlife Service (KWS) after the agency dismissed him when he reported the March 1, 2014 incident to them.

High Court judge George Dulu said there was enough proof that the child was killed by a crocodile.

“It is on record that a report was made to the KWS about the incident and there is no evidence that they (KWS) even advised or directed Mr Kalonzo to pursue this matter through the compensation committee, yet the deceased was killed by wildlife,” Justice Dulu said.

The judge ruled that the family was entitled to Sh4,032,000 compensation under the Wildlife Conservation and Management Act 2013.

The KWS had argued that the court was not the best forum to address the matter and that the case should be dismissed on the ground that it was an abuse of court process, but the judge would hear none of it.

KWS FAULTED
Justice Dulu faulted KWS’s lawyer for filing a preliminary objection to the case much later.

“This objection said to be on a point of law, was filed late and neither specified the sections of the Act that were violated nor did it indicate the nature of the alleged violation, which could amount to an abuse of court process in the circumstances. This is wrong,” said the judge.

On that fateful Saturday, at about 4pm, the minor went to fetch water from the river, accompanied by his aunt, Ms Malia Kimwele.

Ms Kimwele, who witnessed the attack, screamed for help but Mr Kalonzo, a father of five, could not get to the river as he was restrained by villagers.

The incident was reported to the area assistant chief and the police in Kyuso, Tseikuru, the following day.

Mr Kalonzo claimed he also attempted to notify the KWS through their office in Kora, where he was told to pursue the case his own way.

When Mr Kalonzo reported the matter to the assistant chief, he was given a letter before reporting to the police. Police issued him with an abstract before he went to the KWS.

The wildlife agency only issued him with a form to fill his details and then told to go home.

Six months later, the KWS had not responded. Mr Kalonzo then decided to sue. He said he delayed in suing the KWS hoping they would take action.