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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.
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