RULING
INTRODUCTION
[1] This is an Originating Motion dated and filed on 17th July, 2015, seeking a review of the certification granted by the Court of Appeal, that a matter of general public importance is involved in the intended appeal. The applicant seeks the determination of the following questions:
whether Section 3A (i) of the Wildlife (Conservation and Management) Act as amended imposes a liability on the part of Kenya Wildlife Service, to compensate any person for loss, or destruction to crops caused by wildlife;
whether breach of Section 3A (i) of the Wildlife (Conservation and Management) Act as amended, imposes a liability on the part of Kenya Wildlife Service to compensate any person for loss, or destruction to crops, caused by wildlife;
whether there is a common law obligation under the principle in Donoghue v. Stevenson [1932] UKHL 100 and the Rule in Rylands v. Fletcher [1866] LR 1 Ex. 265, on the part of Kenya Wildlife Service, to compensate any person for damage or destruc…