| I
would like to draw your attention to a serious matter concerning
Ian Craig, Il Ngwesi Group Ranch and Lewa Wildlife Conservancy.
As you read this please remember that I support Wildlife Conservation
but not when it endangers the lives of the tourists who provide
some of the funds. My name is Wendy Martin (British,
Age 43). On 2nd June 2000 I was trampled
and gored by an elephant at Il Ngwesi Group Ranch,
whilst on holiday with my three young children. I was chased
through the bush, repeatedly impaled on its tusks and crushed
by its enormous weight. I was conscious throughout the attack
and remember only too clearly the agony and terror of what
happened to me.
These are some of my injuries: I lost a kidney, my duodenum
was transacted, my pelvis smashed to pieces, massive wounds
were caused by the tusks and my body lacerated from head to
foot. Miraculously I survived my horrific injuries, 13 major
operations so far have reconstructed my broken body. Through
a Kenyan lawyer, I have been trying for
three years to make a claim against the Il Ngwesi Insurance
policy. It has taken 3 years for me to be told that:
- the insurance company have repudiated the
claim because they state that Il Ngwesi
was operating with no insurance at the time of the incident.
They claim that their documents reveal that Il Ngwesi was
added to the Lewa Downs insurance policy a month AFTER I
was attacked.
- Il Ngwesi is now covered by a joint Insurance
policy with Lewa Downs Conservancy which has a level of
indemnity of £100,000. James Kinyaga
and Kip (our guide) have denied any responsibility by lying
about the circumstances leading up to the incident.
Six statements from the clients at the lodge at the time
make it clear that the bush run was an activity organised
by the Il Ngwesi staff and as such they owed all the clients
a duty of care.
I have been compelled to sue Ian Craig,
Il Ngwesi Group Ranch and Lewa Wildlife Conservancy
for compensation due to their callous disregard for me and
their attempt to absolve themselves of all responsibility.
I am suing on the grounds that they were in Occupational Control
of Il Ngwesi Group Ranch at the time of the incident and were
grossly negligent, failing in their duty of care to me.
- they did not ensure that armed guards accompanied
our group
- they did not take any reasonable care to
keep me safe
- they encouraged our group to take part in
a bush run which proved highly dangerous. James Kinyaga
and his staff were training for the first Lewa
Marathon which took place just weeks after I was
attacked by the elephant.
- they did not give any warning that pursuing
this activity could be dangerous
Despite being a director and shareholder, Ian Craig denies
that he and Lewa Downs have ever had anything to
do with directing, advising, administering or managing Il
Ngwesi. They also deny taking part in recruiting and training
staff at Il Ngwesi.
 By
winning a court case in Kenya, with its surrounding
publicity, this will warn people that elephants are dangerous
and can kill. I also hope that new legislation in Kenya will
be introduced making safari operators legally bound to:
1 carry insurance at an adequate
level
2 adequately train camp staff including
firearms training
3 comply with a list of safety
standards, including a legal requirement for guards to accompany
any client walking in the bush or travelling by any means
other than in a vehicle
4 provide a member of staff at
all lodges with a first aid qualification.
In addition Kenyan Travel Agents should be compelled to operate
with full insurance cover.
At
this time, none of these are legal requirements in Kenya. |
