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{
    "id": 389979,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/389979/?format=api",
    "text_counter": 195,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Kajuju",
    "speaker_title": "",
    "speaker": {
        "id": 840,
        "legal_name": "Florence Kajuju",
        "slug": "florence-kajuju"
    },
    "content": "I am happy that you have given some directive on this Motion in terms of the Bill that has been published and is supposed to come to this House. I was a little bit uncomfortable with this Motion and I have spoken to the Mover of the Motion, hon. Muthomi Njuki. Though the Motion is well intentioned, I find that you and I understand that when a person has suffered injury and they move to court, the court has the opportunity to award damages or assess damages depending on the injuries suffered by the victim. Hon. Temporary Deputy Speaker, Sir, if one has suffered a personal injury claim or a fatal claim, the damages can never be the same because in a fatal claim, there is the issue of loss of dependence and the multiplier on the years that have been lost and the loss of dependence by the persons who are going to suffer after a fatal claim. So, I really want to support this Motion, but I am asking the Mover to try and see how he can amend it because we cannot put a minimum to an award of damages, neither can we put a maximum to an award of damages, because it all depends on the assessment of damages by the courts, because it is the courts that have the capacity and the locus standi to quantify damages depending on the respective claim that has been presented before it. Be that as it may, I am advised though I have not looked at the Bill, that it tends to cap the award on a maximum of Kshs5 million on a fatal injury claim. I believe that this is an eye opener, that hon. Members will have an opportunity to really re-look at the human-wildlife conflict when the Bill originating from this Motion is brought before the House. Hon. Temporary Deputy Speaker, Sir, this Motion really affects the areas surrounding Meru County; the KWS has not been responsive to the sanctity of life. I have seen circumstances where the KWS is supposed to respond but they have not responded. They have been blind to the sensitivities of the communities that live around the areas where they co-exist with wildlife. I believe that when that Bill comes, it will be a great step towards taking care of the victims who suffer and the families that are affected and those who lose property out of human-wildlife conflict. I really urge the Mover of this Motion, as I had spoken to him, that he should amend this Motion so that at the end of the day, we do not have to cap the damages that are awarded to a certain figure because in my understanding of the law, it is important that the legal process or the Bill that is about to come to the House is able to set a reasonable standard that is awardable to the victims of the struggle between the wildlife and human beings. All in all, I will not hesitate to say that it is a well-intentioned Motion. Looking forward at the fact that the Bill is coming, I do not think I will suffer any damage if I support the Motion. Thank you."
}