KWS Ordered to Compensate Ksh5 Million to Family After Crocodile Attack

A photo showing crocodile in a riverbank. Photo / KWS

The High Court has ordered the Kenya Wildlife Service (KWS) to pay a family Ksh5 million in compensation after rejecting the agency’s prolonged delay in settling a claim arising from a fatal crocodile attack.

In a judgment delivered on July 20, the court ruled that KWS could not rely on administrative processes to delay payment once a compensation claim had been lawfully approved.

The case involved the estate of Leonard Asunga Okune, whose family had been awarded the statutory compensation by the County Wildlife Conservation and Compensation Committee but had waited nearly 18 months without receiving the money.

Family Wins Court Battle as KWS Ordered to Pay Ksh5 Million

The High Court issued an order of mandamus compelling KWS to fulfil its statutory obligation and release the approved Ksh5 million compensation to the family.

According to the court, once a compensation claim has been assessed and approved under the law, the government cannot subject beneficiaries to indefinite administrative delays.

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The High Court further held that the prolonged failure to settle the claim amounted to an unlawful delay despite the compensation having already been approved.

“The High Court held that once a compensation claim has been lawfully assessed and approved, the Government cannot subject victims to endless administrative delays,” the court stated.

Additionally, the court dismissed KWS’s attempt to shift responsibility for the payment to the Cabinet Secretary, holding that internal administrative arrangements cannot override legal obligations.

The judge reaffirmed that compensating victims of deaths and injuries caused by wildlife falls within the agency’s statutory mandate and that approved claims must be processed without unnecessary delays.

Court Says Approved Claims Must Be Paid Promptly

Meanwhile, the judge observed that the applicable regulations require compensation to be paid within 60 days of approval, making the nearly 18-month delay inconsistent with the law and the principles of fair, efficient and reasonable administrative action.

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The judgment is expected to guide victims of human-wildlife conflict seeking compensation after their claims have been approved.

The court noted that individuals with approved compensation claims should not be forced to wait indefinitely for public bodies to perform their statutory duties.

It further stated that where KWS or any other government agency fails to fulfil its legal obligations, the High Court has the authority to issue an order of mandamus compelling compliance.

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