By LeoOdera Omolo

A British woman tourist who was savagedly attacked and injured by a rogue elephant in Kenya’s game reserve eight years ago has been awarded ther staggering amount of Kshs 65 million in compensation.

Mrs Wendy Martins, 48 was attacked while doing an early morning jogging with friends outside the compound of II Ngwesa Lodge and Group Ranch, in the remote Lewa Wildlife Conservancy in the Kenya’s Coast Province.

She had earlier told the High Court sitting in Nairobi that he kidney was ruptured and later removed surgically and her pelvis crushed in the attack.

The trial High Court Judge Justice Mary Ang’awa awarded her Kshs 985,134 in general damage for the pain and suffering.

She further awarded her money in special and general damage as well as further los of earnings.

The victim was not present in court as she is based in England.

The damage were assessed after the High Court Judge found II Ngwesa Lodge and Ranch, at Lewa Wildlife Conservancy and its director Mr.Ian Hamisi Craig, liable for her injuries.

Wendy, a physiotherapist, had come to Kenya with her husband and children to enjoy her holiday as a tourist to the country.

She wanted the Game Ranch to admit liability for the Jumbo attack, saying Lewa Game Ranch and Mr Craig did not sufficiently warned her of the dangers of jogging in the bush or provide her with armed security guards against the possibility of attack by dangerous wild animals.

The Judge concurred with her, saying she was a visitor at the Lodge and was owed duty of care.

“The plaintiff was a visitor at the Lodge and was owed duty of care once inside the Lodge. They [the defendants} are therefore liable, which liability is held 100per cent”aaiud the Judge.

On Friday, this week, the matter had come up for the purpose of assessing the damage. The three defendants indicted they intend to appeal to the Court of Appeal against the decision on the ground that the award was too excessive.

Although the Kenya Wildlife Services{KWS} has been paying compensation to the families of those killed, maimed or severely injured by wild animals in Kenya, especially in those areas officially designated as Game Reserves, National Game Parks in the past, but this time the award is the highest ever heard of.

Mrs Martin has sued II Ngwesa Lodge, the Lewa Wildlife Conservancy and Mr. Craig,the trialJudge found all the three liable and ordered them to pay the award with interests from the day the case was filed.

II Ngewa Lodge is a holiday resort, located right inside the wildlife conservancy. The court ruled that she had a duty to guarantee Mrs Martin’s safety while she and her family were on holiday at the Lodge.

On the fateful day, the court in Mrs Martin’s evidence-in-chief during the morning hours she had decided to jog around within the Lodge’s compound with some tour guides and other couples who were also vacationing at the Lodge.

And about 209 minutes or so later she began feeling a bit tired and decided to go back to the Lodge. And moments later, she heard one of the tour guides shouting and screaming at the top of his voice. And .soon afterwards an elephant emerged from the bush.

The rogue bull of elephant, according to eye witnesses was triumpheting loudly. The tour guides is said to have instructed the guests to run ,but without indicating in which direction. Mrs Martin took off, but felkl to the ground before she could get far in her escape bid.

He seemingly enraged Jumbo which had been coming after her, found her sprawled under bush and dragged her on the ground for some distance.

It then lifted her up and threw to the ground. Twice she felt its huge tusk pierced her torso and her right leg. The other tusk went through her back. Her pelvis was also ruptured..

After being rescued, she was flown to Nairobi Hospital hundreds of kilometers away from the scene of the accident.

The court heard that when she regained consciousness she was later airlifted tio the UK where she underwent 15 to 20 series of surgical operations.

The severity of her injuries was evident when she collapsed several times in the witness box while testifying because of her pains in the back and legs

Ends

Leooderaomolo

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Date: Sat, 29 Nov 2008 02:40:11 -0800 [04:40:11 AM CST]
From: Leo Odera Omolo
Subject: A brtish woman tourist who was injured by rogue elephant awarded huge compensation