An American widower whose wife and one-year-old baby were killed by an elephant while on vacation in Kenya eight years ago has been awarded Sh37 million as compensation.
The High Court has directed Kirinyaga-based Castle Forest Lodge to pay the amount to the tourist over the loss of two of his family members.
Jeffrey Brown’s wife, Sharon Mary Brown and daughter were trampled to death by a jumbo in Mount Kenya Forest Reserve during a nature walk guided by a Castle Forest Lodge officer.
Brown, a US national from New Hampshire sued the hotel seeking Sh260 million compensation over the loss.
On Monday, High Court Justice Jairus Ngaah ruled that the lodge owed Brown and his family a duty of care for the period of their stay in their facility.
“There is no doubt that being Castle Forest Lodge’s guests, Brown and his family were persons who were so closely and directly affected by Castle Forest Lodge’s acts or omissions that it reasonably ought to have had them in contemplation when it led them to a nature walk deep inside the forest,” the judge ruled.
In one of the court sessions, Brown told the judge that the lodge had pressed him and his family to take the nature walk when they checked in on January 4th, 2010.
The family agreed to take the walk under the guidance of one Lodge staff, Ibrahim Maina. 20 minutes into the walk, the team branched off the usual course and into Mount Kenya Forest.
Maina told the court that Mrs. Brown stepped into the elephant’s path and it tossed her in the air twice before stepping on her abdomen. The family watched as it happened.
Melia Van Laar, who is Castle Forest Lodge managing director said the facility was only responsible for the tourists while they were within its 25-acre premises, but Justice Ngaah ruled that being in the company of one of the lodge’s staff for a paid for walk, the Lodge was responsible for the tourists.
This is $370,000. Well…..I…
This is $370,000. Well…..I don’t know.
The compensation was based…
The compensation was based on the value attached to life in Africa. If you aspire for more, Africa is not the place for fatal incidents.
Most Jungus play around with…
Most Jungus play around with wildlife like they do with toy animals and pets… could so easily put themselves in harms way and then claim negligence…me knows that..me have seen that..
Who takes nature walks with…
Who takes nature walks with a one year old in the home of elephants?
The lodge should prohibit it since this tragedy happened, now they are paying.
The lodge won’t pay, can’t…
The lodge won’t pay, can’t pay. It will declare bankruptcy and shut down. The poor workers will take a hit. So it goes,with the tourism industry as bad as it is,only the most daring care to invest here, and the few that do so probably won’t carry insurance for such happenings. Kenya’s tourism is on its last legs, courtesy of Kenyan way of doing things.