All I can say is AMEN! AMEN!From the Nation
Court halts animal sale to Thailand Story by JILLO KADIDA Publication Date: 12/21/2005
The High Court yesterday stopped the deal to export 175 wild animals to Thailand until a case by two wildlife conservation groups is heard.
Granting the order, Judge Joseph Nyamu said he was satisfied the memorandum of understanding between Kenya and Thailand might not amount to a treaty.
The 60-day order arose from an application by the National CBO Consortium and the Kenya Society for the Protection and Care of Animals, who demanded a stop to relocating assorted animals to Thai zoos in line with a reported deal between ministers of the two countries.
When the case was filed last week, the judge declined to order a stop, saying the court was not keen on interfering with a treaty.
The court could not review treaties between countries, unless the provisions are incorporated in Kenyan laws or passed as Acts of Parliament, he ruled.
The controversial deal was sealed on November 9 by Tourism and Wildlife minister Morris Dzoro and Thai Natural Resources and Environment minister Yongyut Tiyapairat.
And despite protests by local and international wildlife conservationists – who said the transfer would violate the animals' welfare – it was signed at State House, Nairobi, as President Kibaki and Thai prime minister Thaksin Shinawatra watched.
Lawyer Mbugua Mureithi told the court that wildlife conservation and management was legally under the Kenya Wildlife Service, and that the minister was required only to give general or special directions to KWS. "The national heritage should not be left to the disposal of one person or one arm of government," he argued.
The deal was signed without consulting the KWS, Parliament, other interested organs and the public, he said, adding that identifying and capturing the animals had begun.
Yesterday Mr Justice Nyamu noted that the issues raised by the applicants were of national importance.
After hearing both parties, the judge said the applicants had argued points which defined treaties, and had argued that only KWS was authorised to say whether the animals can be exported.