The Environmental Case Law Index is a collection of judgments from 10 African countries on topics relating to environmental law, both substantive and procedural. The collection focuses on cases where an environmental interest interacts with governmental or private interests.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-area expert postgraduate students from the University of Cape Town.
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Kenya Wildlife Services v Kinyua Ikabu [2019] eKLR (Civil Appeal 49 of 2017); (24 January 2019); 
Attribution of Costs Costs Civil Remedies Wildlife (fauna) Flora and fauna Environmental law EL IndexThis was an appeal against the decision of a magistrate to dismiss an application challenging the jurisdiction of that court to determine matters covered under the Wildlife Conservation Act. The respondent who was attacked by a baboon, commenced proceedings, claiming damages for pain and suffering and loss of amenities.
The High Court observed that s 25 of the act limits the claims to be made by virtue of the list contained in the third schedule. The court held that an attack by a baboon did not fall under section 25 of the Act, when read with the schedule. The court further pointed out that section 25 did not remove the jurisdiction of other courts, but merely introduced an easy way for poor farmers to claim compensation for the destruction of their crops and livestock. The court held that the magistrate was empowered to hear the matter. Accordingly, the appeal was dismissed with costs.
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