The Kenya Wildlife Service will have to part with Sh1.5 million as compensation to a fisherman attacked by a hippopotamus while fishing in Lake Victoria.
Justice Kiarie Waweru set aside a decision by Mbita Senior Resident Magistrate Nicodemus Moseti that had struck out the suit.
The Magistrate had said he has no jurisdiction over the case.
Aggrieved, David Oraro appealed.
He argued that the Magistrate made a mistake by not awarding him damages even if not the one stipulated by the Kenya Wildlife Conservation and Management Act.
In determining the appeal, Judge Kiarie said Oraro cited a statute that doesn't exit to support his case. Oraro had cited the Kenya Wildlife Compensation Act, 2013.
But the Judge said the act of parliament that provides for the protection, conservation, sustainable use and management of wildlife in Kenya is the Wildlife Conservation and Management Act.
"Oraro cited a non existent statute. Probably he meant the Wildlife Conservation and Management Act," the Judge said.
The judge subsequently awarded him the Sh1.5 million after factoring in the injuries he sustained.
He said Oraro in citing a non existent act does not render the court powerless to hear and determine the issues.
