The High Court has ruled that the Kenya Wildlife Service (KWS) cannot delay payment of approved compensation claims arising from human-wildlife conflict.
According to reports, the ruling followed a case filed by the family of Leonard Asunga Okune, who was killed by a crocodile.
In the ruling, the court ordered KWS to pay the family Ksh5 million after the agency failed to honour an approved compensation award for nearly 18 months.
The court found that once a claim has been assessed and approved by the County Wildlife Conservation and Compensation Committee, the compensation becomes a legal entitlement and cannot be withheld through prolonged administrative delays.
Court declared delays in approved wildlife compensation unlawful
The court held that KWS could not shift responsibility to the Cabinet Secretary or rely on internal government procedures to justify the delay, stressing that public bodies are required to perform their statutory duties fairly, efficiently and within the timelines set by law.
The court further noted that the applicable Wildlife Conservation and Management regulations require approved compensation to be processed within 60 days, making the prolonged delay unlawful and inconsistent with constitutional principles of fair administrative action.
To enforce compliance, the court issued an order of mandamus compelling KWS to immediately pay the Ksh5 million compensation awarded to the deceased’s family.
