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BY CORRESPONDENT,NYERI, 10TH JULY 2018-The High Court in Nyeri has awarded an American tourist Sh37 million following the untimely death of his wife and daughter who were killed by an elephant in Mt Kenya forest reserve.
Mr Jeffrey Brown, a resident of New Hampshire in the US, and his wife and baby were attacked during a nature walk in the forest on January 4, 2010. His brother Richard Levert and wife Elizabeth Carton were also with them.
They were staying at Castle Forest Lodge Hotel, which assigned Mr Ibrahim Maina as their tour guide. The hotel is located within Mt Kenya forest reserve.
The judge, while delivering the ruling, found the hotel guilty of negligence and thus causing the death of the two. The judge found that the tour guide was not qualified to offer the services.
“This danger was inevitable and it eventually manifested itself when the purported guide led the hotel guests into an elephant’s habitation. It turned out to be a death trap,” he said.
Mr Brown told the court that the hotel owed him, his deceased wife and daughter a duty of care.
The judge said evidence of the hotel’s director, Ms Melia Van Laar, led him to the conclusion that the hotel assumed the responsibility of the safety of the tourist and his family the moment they were booked in the lodge.
According to Ms Van Laar, the guide was registered with the Kenya Wildlife Service and he is an experienced guide.