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{
    "id": 1075610,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1075610/?format=api",
    "text_counter": 206,
    "type": "speech",
    "speaker_name": "Sen. Wetangula",
    "speaker_title": "",
    "speaker": {
        "id": 210,
        "legal_name": "Moses Masika Wetangula",
        "slug": "moses-wetangula"
    },
    "content": "Madam Temporary Speaker, when you look at the management of our national parks and game reserves, it is also important that we voice our concern in the manner which the wardens who manage these parks fail to control the movement of wildlife. We know that wildlife is there and some of the animals are dangerous. They can move out of the parks and consequently, we have a duty as the Government to make sure that unless it is under very extraneous circumstances, animals are confined in the parks and reserves so that they do not go out to attack people. Equally important is situations where human beings also stray into the habitats of animals and then get those problems. Madam Temporary Speaker, looking through this Bill, I see one big omission by Sen. Mwaruma. He set out the compensation process and the county wildlife conservation and compensation committees that deal with compensation very well. However, he says nothing about the attempt of the Act he is amending in ousting the jurisdiction of courts. Under our Constitution, any person has the right to seek justice in courts of law. In many cases, you will find that the compensation by these committees is so meagre that they cannot adequately compensate families that have lost loved ones or their property. In this case, an aggrieved person must be given the right and opportunity to elect to take the avenue of an Alternative Dispute Resolution (ADR), which is created here, by not going to court and receiving what is offered. Since it is not a case, they do not go there to argue a case. They sit, assess, and tell you how much you are entitled to, for example, Kshs10,000 for broken legs. If you are not satisfied with the decision of these committees, you reserve your right to go to court and fight. Like if you were working at a mjengo where your tools of work depended on your able body, your hands and your legs functioning, and an elephant destroyed you, there is no way that Kshs10,000 can compensate the loss in feeding your family and fending for those who depend on you. You will, therefore, go to court and the court will assess your lost earnings. Lawyers like my distinguished colleagues Sen. Mutula Kilonzo Jnr., and Sen. Cherargei, and yourself will tell you that. The court will then asses your lost income, multiply it to the level of where you would have retired under ordinary circumstances and compensate you. This is lost in this Bill. I urge the Committee or the Sponsor of the Bill to bring back a provision that allows affected persons to seek justice in our courts of law. Madam Temporary Speaker, there is also the issue of insurance of our wildlife and game parks. Now that a Bill like this expands the levels of compensation to cover--- I am amused to see that Sen. Mwaruma wants a compensation from attacks by wild pigs. If they are the wild pigs that I know, when they see a human being, they run away fast as they can. I do not know where wild pigs attack people but he has put it here. Perhaps he has experienced this in Taita Taveta. When you look at this wide net of animals that are dangerous, attack people and require compensation, including poisonous and dangerous snakes, I do not know the difference between poisonous and dangerous snakes. I think they should be the same. There are sharks, stone fish, whales, sting rays, wild pigs, buffalos, and the other animals that are already in the mother Act."
}