The Environmental Dispute Resolution Commission (NET) has ordered the Wildlife Agency (KWS) to pay a man Sh5 million as compensation, on behalf of his relative who was killed by a snake.
NET has issued the order while rejecting the lack of a post-mortem report as a basis for denying compensation to snake venom victims.
NET, consisting of Chairman Emmanuel Mumia, Vice Chairman Winnie Tsuma, and members Kariuki Muigua, Duncan Kuria, and Ronald Allamano, has ordered Boru Abdikadir Bagaja to be paid the money after finding that evidence showed his relative was killed by a snake.
“This appeal is allowed. KWS should pay Mr Bagaja Sh5 million, as compensation for the death of Mr Buke Abdi Guracha caused by a snake attack,” the commission said.
Mr Bagaja appealed to the commission after the Ministry’s Conservation and Compensation Committee (MWCCC) rejected his claim for compensation on behalf of Mr Guracha.
MWCCC refused to give him compensation arguing that the relative failed to submit the autopsy report to determine what killed Guracha.
However, the commission ruled that the death certificate submitted with the compensation claim form could prove to the committee that the relative was killed by a snake.
“Based on the evidence, we are convinced that Guracha died from a snake attack. The complainant gave sufficient evidence to prove that the deceased died due to snake venom,” they said.
The commission said that the MWCCC had no valid reason to reject Mr Bagaja’s request as there was sufficient evidence presented to show that the deceased died after being bitten by a snake.
Mr Bagaja submitted the request to be compensated by MWCCC in 2021 after the death of Mr Guracha.
He issued a death certificate stating that the cause of death was an animal or snake attack, along with a claim form for injuries or death caused by wildlife.
The Marsabit Committee confirmed that the deceased died due to a snake bite and approved the claim form, providing a compensation of Shs 5 million.
However, the MWCCC refused to grant compensation because there was no post-mortem report on the form.