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Ranchers Pained by Sh150m Bill for Elephant's Fury

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Ranchers Pained by Sh150m Bill for Elephant's Fury

Link to this post 05 Jul 07

Ranchers pained by Sh150m bill for elephant's fury

Story by MWANGI NDIRANGU
Publication Date: 7/5/2007

The pastoralists invested in protection of elephants and other wild animals and the harvest was handsome. They reaped from the high number of tourists who flocked their ranch. Not any more.

The wrath of an elephant in June 2000 is now haunting more than 600 beneficiaries of the Il Ngwesi Group Ranch in Laikipia East District.

A British tourist, Mrs Wendy Susan Martin, visited Il Ngwesi Lodge and spent a wonderful night.

The following morning, Mrs Martin and her colleague decided to jog in the forested Yiari valley, which borders Mukogondo Hills.

Unknown to the unaccompanied tourists, they had ventured into a route commonly used by wildlife and they encountered a calving elephant.

The irritated animal charged at Mrs Martin and inflicted serious injuries on her. She was saved by a game ranger who scared the animal. But by then, the tourist had sustained serious injuries and was in a coma.

She was treated at local hospitals and abroad.

Three years later, Mrs Martin sued Il Ngwesi seeking compensation for body injuries and last month, a Nairobi court awarded her Sh105 million.

Following the award, hundreds of families that have relied on Il Ngwesi for their survival for the past 11 years, are now facing a bleak future.

They are spending sleepless nights fearing that their treasured Sh20 million lodge and the expansive land where it sits, could be auctioned to compensate the tourist.

Since the community conservancy project was initiated, the pastoralists stopped relying entirely on livestock and many children who previously engaged in herding went to school.

They take pride in having utilised their earnings from the ranch to build primary schools, improve infrastructure, provide water and prevent banditry and cattle rustling.

Carry the burden

But they are now scared following rumours that Il Ngwesi Group Ranch land, which covers 16,500 acres, would be auctioned to raise the compensation.

Last Monday, they invited Tourism and Wildlife minister Morris Dzoro to hear their plight.

Hundreds of residents attended the meeting at Lokusero Primary School in Mukogondo Forest.

But the minister neither turned up, nor sent a representative, prompting the attendants to direct their anger at the Government. Speakers told the meeting that they had been assisting the Government to conserve wildlife and it was unfair for them carry the burden of compensation resulting from the attack.

Il Ngwesi ward councillor Morris Kisio said they would drive away wildlife from their farms and kill some in protest before the auction.

“Our people have been killed by wild animals and we only get Sh30,000 per person as compensation. How come we are now required to pay a huge amount of money to a tourist injured by an animal owned by the State?” posed Mr Kisio.

An official of the ranch, Mzee Kipsoi Kinyaga, said the community could not be convinced that wildlife conservation was beneficial to them if the Government failed to intervene.

“What is the need of providing our land for the animals to graze, protect them from poachers and the reward you get is being told to pay more than Sh100 million?” Mzee Kinyaga asked.

Representatives from 10 community conservancy groups spread across eight districts in northern Kenya attended the meeting to express solidarity with Il Ngwesi. Councillor Jarson Ngoricho, who represented Borana Conservancy in Isiolo District, said the Kenya Wildlife Service should take liability for any injury inflicted on a human being by a wild animal.

“We don’t own the animals but we have allowed them occupy our land. If the Government does not pay the Sh105 million compensation to the tourist, we shall drive the wild animals out and start grazing our animals on the land,” Mr Ngoricho told the meeting.

Community conservation programmes were introduced a decade ago with the aim of reducing human/wildlife conflict and boosting tourism.

Communities were expected to benefit from wildlife by conserving flora and fauna in their midst.

Il Ngwesi pioneered the programme as a pilot project in 1996 and following its success, it was replicated in eight more districts.

The Northern Rangelands Trust has been spearheading the campaign to encourage the pastoral communities co-exist with wildlife. Since its inception, cases of banditry and poaching which was common in early 1990s have reduced.

Locals have benefited through improved structure, provision of water, health and education facilities as well as direct employment in the lodges established in the middle of the forest where animals roam freely.

According to Northern Rangelands Trust community development manager James Munyugi, such conservancy projects cover a total of 1.5 million acres and employ 350 people.

It is only in those areas that endangered animal species like the black rhino, African wild dog and the grey zebra can be found.

Il Ngwesi ranch has a lodge with seven cottages and generates an annual income of Sh10 million. Among the 14 lodges in the region, it is the only one fully owned and managed by the residents.

Link to this post 05 Jul 07

Not a good situation at all! The Gov should not take their threats to kill wildlife in protest lightly. It has been done before. The problem here is that wildlife does belong to the Gov and not the owners of the land.

“Our people have been killed by wild animals and we only get Sh30,000 per person as compensation. How come we are now required to pay a huge amount of money to a tourist injured by an animal owned by the State?” posed Mr Kisio.

Quite a dilema!

Link to this post 05 Jul 07

How can a Nairobi court make such a wrong decision?

1. The ladies decide to go jogging in the bush someone else is to blame ???

2. Such a high compensation is bound to spark off protest.

3. Why did the court not address the charge against the owner of the wildlife = Government?

4. The sum puts a clear end to the conservation as it is out of their financial reach.

Yet something seems fishy to me. How come a ranger happened to be there? Did he escort the joggers?? Maybe they were adviced by Il Ngwezi to jog there because they knew that there is a ranger there to look after them? Maybe we are not fully in the picture on what happened to lead to the court decision?

Link to this post 05 Jul 07

additional info from EA-Standard - by Job Weru

[hr]

Conservationists in Laikipia, Isiolo and Samburu districts have protested against an order to pay Sh105 million as compensation to a British woman injured by an elephant.

They said the amount awarded by the High Court was too high for a community conservancy and asked the State to pay.

On Wednesday, members of Il Ng’wesi, Namunyak in Samburu and Kom conservancy in Isiolo districts said the court ruling, delivered on June 11 by Justice Mary Ang’awa, in Nairobi, was too harsh as they were just ordinary Kenyans struggling to conserve the environment.

Speaking at Lokusero Primary School in Mukogodo division, Laikipia East District, they said the State owned wildlife and it would be unfair if it sidelined them on matters affecting them and wild game.

Councillor Morris Kisio, the secretary of Il Ng’wesi conservancy said the ranch was ordered to pay Ms Wendy Martin Sh105 million as compensation following an attack by an elephant.

Ms Martin had visited the conservancy seven years ago as a tourist. They said the State would be "killing the spirit of conservation" if it left the firm to compensate the woman single-handedly.

Link to this post 05 Jul 07

Wendy's story can be read at: http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=462078&in_page_id=1770

Apparently she was offered the "run in the bush" by the staff (her claim).

As bwanamich says, the threat of going after the wildlife is real. Maasai in Amboseli went after the rhinos they had been protecting for years and killed them all.

Let's hope that saner minds prevail and this is overturned. It is so stupid for any tourist to think they can jog in Africa like they do in New York City. Though it was a tragic event that shouldn't have happend, the jogger has to take some of the responsibility herself.

Link to this post 05 Jul 07

The Story in Wendy Martin's Own Words:


I booked a three-night stay at Il Ngwesi Group Ranch through Lets Go Travel, a Nairobi based Travel Agent. This is the only way in which you can book a stay at Il Ngwesi. This was our third visit to Il Ngwesi and was to be my "swansong" safari as I was leaving Kenya with my three children in the summer of 2000 to return to the UK. This was a very special trip with some of our closest friends in Kenya. We had been looking forward to the trip for many months.

Il Ngwesi is an expensive and exclusive camp. It is regarded as being in the luxury end of the tourist market in Kenya and Internationally. A visit by Princes Charles and William has certainly registered it on the list of place to visit. In 2000 when we visited, there were 4 Bandas (or rooms) at the camp and a group such as ours would take over the whole Ranch for the duration of our stay. It is a very remote place about 5 hours drive north of Nairobi. It is built along the lines of a tree house with wooden rope bridges joining some of the rooms. The rooms are stunning. They are open on one side to the bush but being raised up on stilt, according to the staff in such a way that prevented wild animals from entering. I was not altogether convinced about this.

There is a fairly large staff who are exclusively at the disposal of the guests for the duration of their stay. This team of men appeared to be led by James Kinyaga, who we took to be the camp Manager. All discussion about activities and conversations about arrangements were with James who spoke excellent English.

We had decided on this visit to self-cater and had brought all our own food. The cook and his kitchen staff would prepare this. Everything else at the camp was provided for us. The staff seemed very well trained and organised.

During our 4 year stay in Kenya we had been on safari many times before. On visits to the Masai Mara we had seen all kinds of wild animals and in very large numbers. It was not our intention to game view whilst at Il Ngwesi. My understanding was that Il Ngwesi was a place to have a "wilderness experience" not view game. Walking safaris were offered to us at many of the lodges we had previously visited and I always declined these feeling more than nervous about going into the bush where there were known to be wild animals. During our previous visits to Il Ngwesi we had hardly seen any animals at all and the Lodge was sold to us as somewhere you left your car parked and could venture, with qualified and armed guards, into the bush. On my first visit to Il Ngwesi I asked James why we needed armed guards if there were no animals around and he told me that the guards were there to protect us from roaming Somali bandits who were known to come into the area. However, he assured me that this was merely a precaution and in fact they had had no problems of this sort.

We travelled to the camp in our own vehicles on 1 June 2000. We arrived at the camp in the afternoon of 1 June 2000. We unpacked our luggage and generally settled into the camp. The children went for a swim in the camp pool. We had 10 children with us ranging from 10 down to 3 years old.
It is very important to understand that the holidays at Il Ngwesi are totally client-centred and that each day Mr James Ole Kinyaga, the Lodge Manager was on hand to tailor make a programme of activities for each visiting group. These meetings with James were to discuss the activities, which the camp could offer. James would then arrange the appropriate resources. Each evening James would arrive at the dining table and ask what the group would like to do the following day. He would suggest bush walks, bush breakfasts, camel rides etc. This had been the format on all our previous visits and was the format on the evening of 1 June 2000.

On the evening of 1 June 2000, James suggested a walk in the bush, a walk with the camels or a bush breakfast. The conversation came round to a discussion about running. Two of our group had been to Il Ngwesi before and James had taken them out for a bush run. A lengthy conversation started about the forthcoming Lewa Marathon. This 26 mile run was to take place for the first time in August 2000. The organisers were hopping to raise a large sum of money and all the staff at Il Ngwesi were very excited about this. Many of the staff were planning to run in this race, as were two of our group. One of our group asked if we could go for a bush run in the morning. James not only said that this was a great idea but was positively enthusiastic about the prospect. He told us that his brother had run in the Boston Marathon. We agreed with James that if only adults wanted to go then we might go for a bush run but if any of the children were going to come then it would be a walk. We arranged to meet James in the main living area of the camp at 7.00 am. I then left the table and took my younger children to bed. Leaving my son with his Father in the dining area. While I was putting my children to bed another member of our group voiced her concerns about walking in the bush and James reassured her that she would be totally safe. At no point was there any suggestion that jogging was not a good idea or that it would be unsafe or dangerous in any way.

On all previous visits to the camp we had a minimum of two gun bearers with us whenever we went into the bush. It never occurred to me that the guards would not come with us and I would certainly not have gone into the bush had I realised that the gun bearers were not coming with us.

At 7.00 am on 2 June, I woke to a beautiful sun filled morning. The three older boys with us were all ready to come for a walk but at the last minute decided to go for a swim instead. I walked up the steps to the main living area and met with Jenny, Jeremy and our guide. Jeremy and, a man were standing at the top of the steps to the camp. I took this to be James. He was a Kenyan wearing a red shuka. Jeremy and the guide set off down the camp steps leading us out of the camp. We were all laughing and chatting about nothing that I can now remember. As we passed the top of the steps I remember half noticing two men standing. I thought they were the guards. I wonder now if they were, in fact, the night guards but whoever they were they did not follow us out into the bush.

I chatted to my friend and it was not long before Jeremy and our guide pulled away. I felt uncomfortable at this and called them back. I realised then that we were alone and that it did not appear that the guards were with us. I was uneasy and suggested that we should turn back to the camp. We then ran as a tight group, two and two. We were discussing the size of my feet as were were running back over our original footprints. My feet are very small for my height. It was at this point that a terrifying sound broke the silence. A loud and terrifying trumpet went up. A short distance away I could see a large elephant’s head swinging about above a low bush. It looked very angry indeed. Our guide was, in fact, not James but a man called Kip. He told us all to stand still and very quickly followed this by an instruction to run. His voice was panic stricken and he just yelled run, run, run. He did not tell us which way to run or to run together, he just yelled run. The three of us just turned in total panic and ran. I fell over and got caught on a thorn bush. The guide pulled me up and he shouted and clapped his hands then he started to run away. According to Jenny, the other member of our group, Kip was right behind her as she went up the steps into the camp. I, however, was seen by Jenny running and jumping over low bushes in an attempt to get away from the charging elephant. I realised that there was no chance for me to out run this massive beast and I threw myself under a low thorn bush and curled up in a ball hoping to avoid its attack. This was to no avail. I was clearly the target and this elephant was not going to give up..

The elephant was upon me and I cannot tell you what agony and terror followed. Its head bashed me repeatedly as it forced my 8 stone body through the bush, through the thorn trees for about 30 yards. I was told that the route that I had been pushed was clearly visible after the attack. I could hardly breath because of the dust, which was choking me, the pain was just indescribable. I was being crushed under its enormous weight. I was blinded by pain and dust. I was trapped in a dark excruciating tunnel, which seemed to me to be marking the end of my life and my passageway to death. Eventually it forced its tusk through my body, running me through my chest and lower abdomen, my right thigh and right calf. The excrutiating agony and terror of this will stay with me, everyday, for the rest of my life. I was facing certain death. I felt total disbelief that this was really happening to me. I thought of my three young children. My three beautiful children facing their lives without me.

At some point the elephant knelt on me and I think this is probably when my pelvis was crushed under its weight. I also remember being lifted up of the ground and then crashing down again. I suspect I must have lost consciousness at some point but I remember hitting the ground and thinking, I’m dead, I must be dead. Then it was silent. Nothing just pain. If you could just imagine having been run over by a steam roller then you might get somewhere towards how I felt. I felt very, very small and flat. I was lying on my side. I heard a noise and then Jeremy was beside me kneeling down with his face close to mine. He was terrified. He was shouting, "is there anyone there" "help is there anyone there". I told him that I thought I was dieing. He told me that I was tough and I must not think about dieing. No, not dead. I’m still here fight, fight, fight and so it began.

The next person I remember was Jenny. I heard a car arrive and then Jenny was beside me too. I needed to hold someone’s had – I felt I was hanging onto life itself by feeling the warms of another humans flesh. I looked down at my stomach and could see what looked like my intestines hanging out. I glanced across at my right leg and could see a huge wound both on the back and the front of my right thigh. It seemed to go all the way round my leg. There was another gapping hole in my right calf. I remember thinking how odd that my pink running shoes were still pink. Everything else was filthy and blood stained.

My breathing was very laboured and I cannot describe to you the pain it seemed to reach a peak and slightly subside only to rise again so quickly that I could not hardly get a breath in-between. Jeremy asked if I wanted Steve, my husband, to come down. I said he should stay with the children.

There seemed to be a lot of people arriving and I could hear voices. The sun was beating down but I felt so cold, so very, very cold. Shock. Now I will die if they don’t do something fast. I was well aware of the very serious state that I was in and how very far we were from help. I told Jenny to cover me up. I felt like a block of ice was inside my body and it was spreading out to engulf any warmth left in my body.

I felt if I could just stay conscious then I stood a chance of surviving. I repeated their names – Matthew, Rosanna and Emily. My children. Alone in the wilderness of Kenya. I counted. I counted to 10 and back. Breath in and out. Again, breath in and out. Keep it going. Jenny told me that they had radioed Lewa and that Ian Craig was on his way in his plane. They also said that a nurse happened to be at Lewa. She had been caring for a terminally ill woman who had died earlier that morning. She was coming with Ian Craig.

I told them to find something solid to carry me on. I remember saying that they should tie my legs together – I don’t know if they did this or not. Jeremy ran up to the camp and according to my children he knocked all the cutlery and glasses off the top of a wooden table top and with the help of Steve lifted this and carried it down to the bush. I remember a mattress too. I think they put the mattress on top of the wooden tabletop.
When Steve arrived at the scene, I remember him just standing saying "Oh my God, Oh my God". He knelt beside me and I told him to tell the children how much I loved them. I also told him that I loved him too.
Two planes arrived. One with Ian Craig and Coco the nurse and the other with Fuzz Dyer. I have subsequently discovered that Fuzz Dyer was the Head of Security for Lewa, Il Ngwesi and Borana.

Coco had IV fluids with her, which was very lucky indeed. She set up a line and then I was lifted onto the table and carried to the plane. As I was lifted onto the table – I screamed. There seemed to be a lot of people around me. The table was pushed into the back of the plane and Coco climbed in beside me. Jenny had to go into the other plane initially. It was a very strange decision but they decided to fly North first towards a place called Wamba where there was a German Doctor working in a bush clinic. I recall him looking in at the back of the plane and saying there was nothing he could do for me and that they must get me to Nairobi as quickly as possible. This undoubtedly wasted time and I remember thinking that this Doctor clearly thought I would be dead before I got there.

We flew on. I could hear Jenny talking on the radio. I remember telling her to contact Lou Cantamessa – a Doctor friend of mine. Although my eyes were closed I can remember the sun shining through the window on my eyelids. It was very bright. Coco said to Jenny that she was going to start cutting off my hair. It was thick in mud, thorns, blood and burrs – I told her that she must not cut off my hair! An instruction I had to give several times over the next few weeks to preserve what remained of my hair. An awful lot was pulled out as I was forced through the bushes.

We landed in Nairobi. I do not remember much about our journey to Nairobi National Hospital only that there was a problem getting me into the ambulance and it seemed incredibly small. I vaguely remember being wheeled into the Hospital. Apparently I was talking about my leg and telling the attending Doctors "do not do anything to my leg". I have always had a mortal fear of loosing a limb and I was clearly very concerned about the state of my right leg. Then next thing I remember is being wheeled into the Intensive Care Unit.

The surgeon at Nairobi National Hospital, Dr John Kariuki undoubtedly saved my life. His surgical team worked on me for 6 hours. Identifying all the injuries and dealing with them.

left sacral alar fracture
left acetabular fracture
transverse process of L5 fractures
Bilateral fractures through both superior pubic rami
Bilateral fractures through both inferior pubic rami
Severe deformity of the pelvis due to major crush injury
disruption and instability of the pelvic ring
rib fractures
duodenum virtually transected in the first part
right kidney and overlying rib so severely damaged that right nephrectomy carried out and rib removed
multiple massive soft tissue injuries to the right thigh and calf with subsequent very serious infection
substantial loss of tissue on medial thigh
closed head injury
dislocation of sternoclavicular joint
nerve damage to left arm – loss of elbow flexion
Lacertation and subsequent scaring – extensive
Two Lumbar hernias, one abdominal hernia
Nerve damage most serious in right leg
Sacral nerve damage left leg

I spent 10 days in hospital in Nairobi, undergoing 2 emergency operations. I was then flown by air ambulance to the UK where Mr Martin Bircher took over my case. Initially this was at St George’s hospital in Tooting and subsequently I spent time at Ashtead Hospital, the Alexandra Hospital in Manchester, East Grinstead Hospital and The Lister in London. I have spent about 4 months in hospital. The past three years have been spent rebuilding my body and my life. It has been the most enormous struggle.

The past three years have been difficult in the extreme. My GP said to me "you have been to hell and back" and he is right but this kind of hell stays with you always in some shape or another. However, there has been a huge stress in addition to the physical and mental challenges of coming to terms with my injuries, which was totally unnecessary. If you read the leaflet "Eco-Tourism – at what price?, you will understand the extreme frustration, which has turned to anger, at the individuals and organisations involved in the running of Il Ngwesi Lodge. Please take time to read this leaflet and consider the very serious issues that are raised.

Wendy Martin

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