Snakebite Compensation Revoked: KWS Wins Appeal

The Garissa High Court has revoked the compensation of Ksh 2 million to a victim who was attacked and injured by a snake since it does not fall in the category of wildlife that attracts compensation.

Sitting in Garissa High Court, Justice John Nyambuto allowed the appeal filed by Kenya Wildlife Service (KWS) to overturn the decision of the subordinate court that directed KWS to compensate a snake attack victim for the injuries sustained.

Though Justice Nyambuto noted that Abdikadir Kheir Subdow was bitten by a snake on April 24, 2023, he did not deserve any compensation since it does not fall into the category of wildlife that attracts compensation,

“The respondent did not deserve any compensation in as much as it was proved that indeed he was bitten by a snake which does not fall in the category of wildlife that attracts compensation,” he ruled.

Relying on Part II of the Third Schedule of the Wildlife Conservation and Compensation Act, 2013, Justice Nyambuto stated that snakes are not among the wildlife species for which compensation may be paid.

The judge also indicated that section 25 of the Wildlife Conservation and Management Act 2013, provides a compensation scheme which the trial court correctly followed in coming up with its determination, but noted the same was amended via Legal Notice 221 0f 2023, highlighting the species of wildlife species in which compensation may be paid in cases of death and injury.

The species include; Elephant, Lion, Leopard, Rhino, Hyena, Crocodile, Cheetah, Buffalo, Hippo, and Wild dog.

Justice Nyambuto also noted that the amendment to the Act which the respondent relied on in prosecuting his case was done on December 31, 2022, while the respondent was bitten by a snake on April 24, 2023, thus remaining null and void,

“From the foregoing, it is clear that the respondent’s claim was not supported by the Act in which he relied on to prosecute his case. It is my view that the respondent did not deserve any compensation,” the judge said.

The respondent filed a plaint by moving to court seeking compensation under the Wildlife Conservation and Management Act, 2013, as per Section 25 of the same Act.

He stated that, while at his parent’s home in the Makoror area within Wajir County, due to the negligence, carelessness recklessness of KWS, he was attacked by a poisonous snake thus causing him grievous harm and consequently causing him severe injuries.

He particularized the alleged negligence claiming that KWS had failed to keep wildlife in control that is snakes under any designated area hence allowing them to roam freely and failing to warn the public of the presence of the poisonous snakes and the dangers of wildlife.

The trial court had considered the facts and the law as presented before it, and delivered its judgment on November 29, 2024, thus awarding Ksh 2,000,000 million as general damages plus costs and interest at court rates with effect from the date the suit was filed.

Aggrieved by the decision, KWS filed the appeal denying any liability while urging that snakes are not among the wildlife species under Schedule 3A of the Wildlife Conservation and Management Act 2013 in which compensation may be paid.

They urged the High Court to enter judgment in their favor and set aside the decision of the lower court.

In determination, Justice Nyambuto cited “It is my finding that the appeal herein is merited and therefore succeeds setting aside the decision of the lower court with an order dismissing the respondent’s claim.”