KWS account to be attached in Sh5m compensation row

The court fight underlines the mounting unpaid claims running into billions of shillings from human-wildlife conflicts that have led to deaths and lifelong injuries.

Ms Oguna received the court's decree order on February 7, 2025 compelling KWS to release Sh5 million to her as recommended by the County Wildlife Compensation Committee, Homabay, and approved by the Ministerial Wildlife Compensation Committee.

The amount was compensation to the family for the death of her husband, Peter Ouma, who was attacked by a hippopotamus in September 2021 while fishing near Ogambe Beach, occasioning him fatal injuries. The court had also awarded her costs of the suit amounting to Sh276,500.

"KWS is a parastatal with a common seal capable of suing and being sued in its name and therefore, it cannot seek refuge under the Government Proceedings Act. The funds which belong to the KWS and held by the bank ought to be available for attachment in order to satisfy the decree," ruled Justice Kemei.

KWS had opposed, stating that the monies in the account were meant for park operations and security.

The judge was told that the court should waive the order as it would be for the goodwill of the country and that the ministry was the right body to compensate Ms Oguna but not the wildlife service agency.

The court also dismissed objections raised by the bank, ruling that it was obliged to satisfy the decree having confirmed that the funds in its possession belongs to KWS.

"The garnishee’s vociferous objection to the application is unwarranted in that the responsibility to contest the claim lodged by the applicant was upon KWS. The KWS having failed to establish that it is a government entity and not a parastatal, then the bank has no option but to allow the attachment of the sums in accordance with the decree," said the judge.

In the objection, the bank through Corporate Services Manager Joseph Wambugu, confirmed that it owns the account for KWS which had available balance of Sh17.3 million.

The bank stated that should the money be released without just cause, the it would be prejudiced as it may be pursued by the Government for the amounts.

The bank explained that pursuant to Wildlife Conservation and Management Act, the funds of KWS are derived from among other sources, public monies approved and allocated by the National Assembly as part of the budget process.

It argued that KWS budget and expenditure, including but not limited to settlement of money decrees, was subject to Parliamentary control and approval as regulated by Section 32 of the Government Proceedings Act.

The court heard that the funds should be disbursed in accordance with the Government Proceedings Act and that government agencies require specific procedures regarding funds.

Justice Kemei also allowed bank's request to be paid Sh25,000 as its costs in the suit. He ordered KWS to pay the bank the cost by way of deducting the same from the account.

Ms Oguna said the family had waited for over three years and that the KWS was yet to make good the compensation even after requisite meetings and approvals of the claim by the committees.

She said that KWS continued to unjustifiably delay the compensation without any plausible explanation.

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