JUDGMENT OF THE COURT
1. The case before us may well be dubbed "The Wild pig case", but it exemplifies a common feature of human versus wildlife conflict in this country. How do we deal with the damage to property and personal injury or death caused by wildlife which we love and treasure as a major contributor to the national economy? Should it be left to the common law system of claiming damages in courts or should it be confined to quick and less bureaucratic administrative processes or should it be open to claimants to choose either process? Those are the issues raised in the appeal, which is based on the law as it existed before the year 2000 when the cause of action accrued under The Wildlife (Conservation and Management) Act, Cap.376 Laws of Kenya. The saving grace came 13 years later when the Wildlife Conservation and Management Act, No. 47 of 2013 was enacted with elaborate provisions and procedures for addressing the shortcomings of the past.
2. The facts are brief and straight…