Compensation for Human-Wildlife Conflict: Understanding Your Legal Rights in Kenya

It’s a headline we’re seeing far too often:

       “Villager Killed by Elephant in Taita.”

“Lion Mauls Child in Rongai.”

This is the reality for many communities across the country.

While wildlife is a celebrated part of our national identity, for those living near forests, parks, and migratory corridors, it is not just something to admire from a distance, it’s a constant presence. And many times, a dangerous one.

These are not isolated incidents, they reflect a growing tension between conservation and community safety. And when tragedy strikes; an elephant destroys a farm, a hippo kills a fisherman, a crocodile attacks a child near a river, most people are left asking the same question:

What does the law say, and where do we even begin?

That’s where Kenya’s legal framework steps in. Under the Wildlife Conservation and Management Act, 2013, there are clear provisions for compensation. This Act acknowledges that while protecting wildlife is essential, so is protecting the dignity, safety, and property of those who live alongside it.

Let’s break down what the law provides, and how you can use it when human-wildlife conflict becomes more than just a headline.

What the Law Provides

Under the Wildlife Conservation and Management Act, 2013, Kenyans who suffer personal injury, death, or property damage caused by wildlife are entitled to seek compensation from the government.

You can make a claim for:

• Injury or death caused by a wild animal;

• Loss of crops, livestock, or property; or

• Any other direct loss caused by wildlife.

But to access this compensation, there’s a defined process you must follow.

Step 1: Report the Incident Promptly

You must report the incident within 48 hours of its occurrence to:

• The nearest Kenya Wildlife Service (KWS) office; and

• The area chief or assistant chief/Police Station

Step 2: File a Compensation Claim

At the KWS offices, you’ll be required to fill out a Compensation Claim Form and provide supporting documents, including:

• A copy of your National ID

• Medical or post-mortem reports (for injury or death)

• Veterinary reports (for livestock loss)

• Photographic evidence of damage

• Witness statements

• Police reports where applicable

KWS will then submit the claim to the County Wildlife Conservation and Compensation Committee (CWCCC), which shall review the claim, conduct an investigation and prepare a report recommending compensation. This report is submitted to the Cabinet Secretary for Wildlife for final approval and payment.

How Much Can You Actually Be Paid?

Here’s what the law says:

• KSh 5,000,000 for loss of life

• KSh 3,000,000 for permanent disability

• KSh 2,000,000 for severe injury

• KSh 1,000,000 for other injuries

• Crop and livestock losses are compensated at market value after assessment

Step 3: You Have the Right to Appeal

Once a decision is made by the County Wildlife Conservation and Compensation Committee (CWCCC), the law provides a clear path for challenging it. Whether the claim has been rejected, the compensation awarded feels inadequate, or the process seems flawed, you are entitled to appeal.

Under Section 25 of the Wildlife Conservation and Management Act, an appeal may be filed with the National Environment Tribunal (NET) within 30 days of receiving the decision. The Tribunal will then have full authority to:

• Reassess the evidence

• Reverse, increase, or uphold the compensation award

• Direct that further investigations or hearings be conducted

  
  

What many people don’t realize is that the Tribunal isn’t the end of the road. If you're still dissatisfied with its decision, you can proceed to file a second appeal before the Environment and Land Court. This two-tiered appeals structure is a powerful safeguard built into the law to ensure that victims of human-wildlife conflict have full access to justice.

Important Legal Insight: What Happens If the Victim Has Died?

One of the major reasons why many such appeals before the Tribunal are dismissed is that the family failed to obtain a grant of letters of administration ad litem. Section 25 (1) of the Act provides the following -

“Where any person suffers any bodily injury or is killed by any wildlife listed under the Third Schedule, the person injured, or in the case of a deceased person, the personal representative .... may launch a claim…”

This means that if the affected person dies, you must go through the succession process and get legal authority to represent them. The good news? An ad litem grant takes under one week, if filed properly. Once granted, it gives the family, legal standing to file both the claim and any appeal before the National Environment Tribunal.

This one step has made the difference between dismissed and successful appeals. It’s that important.

Which Animals Qualify for Compensation?

The law provides for compensation only if the harm is caused by animals listed under the Third Schedule. These include:

A. Death and Injury	B. Crop, livestock and property damage
·        Elephant ·        Lion ·        Leopard ·        Hyena ·        Crocodile ·        Cheetah ·        Buffalo ·        Poisonous snakes ·        Hippo ·        Shark ·        Stone Fish ·        Whale ·        Sting ray ·        Wild dog ·        Wild pig	·        Elephant ·        Lion ·        Leopard ·        Rhino ·        Hyena ·        Crocodile ·        Cheetah ·        Buffalo ·        Hippo ·        Zebra ·        Eland ·        Wildebeest ·        Snake ·        Wild dog

You Have the Right: So....Use It

While human-wildlife conflict is no longer a rare occurrence, it’s a lived reality for many Kenyans. But just as the law protects our wildlife, it also protects the people living alongside it. If your family, your crops, your livestock, or your community has suffered:

• Report it immediately

• Document everything

• Follow through with the CWCCC

• Appeal to NET if necessary, but get an ad litem if the victim is deceased

  
  

The law does more than protect wildlife, it upholds the dignity of every Kenyan living alongside it, and compensation isn’t a favour. It is a legal entitlement grounded in the recognition that conservation cannot come at the cost of human life or livelihood.

So when loss occurs, let your response be informed, timely, and resolute.

Winnie Tsuma is the Vice Chairperson of the National Environment Tribunal and the Managing Partner at Tsuma & Associates Advocates. She specializes in policy and legislative drafting, governance, and environmental law.