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"id": 1075626,
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"type": "speech",
"speaker_name": "Sen. Cherargei",
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"id": 13217,
"legal_name": "Cherarkey K Samson",
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"content": "amount. The courts should use their discretion during the assessment. The decision should be on case-by-case basis. We can make the amendments during the Committee of the Whole so as not to restrict the courts. This is because we may never know the extent of the damage. On the issue of permanent disability, I think that Kshs3 million is a little bit too low and we should once again leave it open for the courts to make a ruling based on the case. We can just give the minimum as Kshs5 million then give room for the courts to make a ruling based on the case. I expected to see something on psycho support where counselling services are offered. Giving someone Kshs5 million is not enough. Other than paying those people, we should have trauma centres where they can be counselled. Someone who has been attacked by a snake or an animal will hallucinate and have nightmares. That is why we will need the trauma centres where the victims can be counselled. Some of those victims might have been incapacitated. Those who are unable to walk can be taught how to use crutches in those centres and those who turned blind can be taught how to use braille. The victims who end up losing their hands can be taught how to write and so on. Clause 25(5) states that- ‘The County Wildlife Conservation and Compensation Committee shall review the claim and award and pay a compensation valued at the ruling market rates: Provided that no compensation shall be paid where the owner of the livestock, crops or other property failed to take reasonable measures to protect such crops, livestock or property from damage by wildlife or his land use practices are in compatible with the ecosystem-based management plan for the area.’ What happens if I neighbour Maasai Mara and I cannot afford to construct an electric fence and the elephants walk into my farm? We need to amend this to remove the burden of proof from our people. The burden of responsibility should be put on both the Ministry and the individual."
}