COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

KENYA

ABDIKADIR SHEIKA HASSAN and others v. KENYA WILDLIFE SERVICE

CIVIL CASE NO. 2059 OF 1996 IN THE HIGH COURT OF KENYA AT NAIROBI G. P. MBITO, J.

Introduction

In this case, the Plaintiff on his own behalf and on behalf of the community sought an order from the High Court of Kenya restraining the defendant, a Kenya Government Agency operating under an Act of Parliament, from removing or dislocating a rare and endangered species named the "Hirola" from its natural habitat.

Legal Framework

Customary Common Law.
Wildlife Conservation Act.

Held

The Court observed that according to the customary law of the people, those entitled to the use of the land are also entitled to the fruits thereof which include the fauna and flora, unless this has been changed by law. According to the Wildlife Conservation Act, the defendant is required to conserve wild animals in their natural state. The Court held that the Respondent would be acting outside its powers if it were to remove any animals/flora from their natural habitat.