Rights lobby threatens suit over killing of crows in Mombasa

Centre for Litigation Trust executive director Julius Ogogoh / BRIAN OTIENO

Indian house crows killed at Makadara ground in Mombasa on November 27 / BRIAN OTIENO

A legal battle looms after a lobby group took issue with the killing of crows in Mombasa by private entities in collaboration with the county government.

The Centre for Litigation Trust says the poisoning of the birds is "inhumane" and against the rights of the birds.

The lobby is mulling over taking the county government to court over the matter, saying the exercise is ill-advised, unscientific and environmentally destructive.

“The indiscriminate killing of birds undermines ecological balance and sets a dangerous precedent for wildlife and environmental management,” Centre for Litigation Trust executive director Julius Ogogoh told the Star on Thursday.

The county government raised Sh1 million while hotels and other tourism stakeholders raised Sh1.2 million for the exercise.

The Sh2.2 million is part of a targeted Sh10 million seed capital aimed at a sustained eradication of the invasive house crows.

The 'Crows No More' programme is led by the Kenya Wildlife Service in close collaboration with A Rocha Kenya.

Ogogoh, who is mulling over moving to court to stop the killing of the birds, said crows play a critical role in the ecosystem as natural scavengers, helping with waste disposal and reducing the spread of disease.

“The killing of any species especially without proper Environmental Impact Assessments (EIA)—amounts to an assault on our ecosystem and a violation of established conservation principles,” Ogogoh said.

However, in a brief to the Tourism CS Rebecca Miano on December 14, the KWS director general, Erustus Kanga, said the house crow invasion represents a material threat to biodiversity, tourism, public amenity and livelihoods along Kenya’s coast and beyond.

“Kenya possesses both the technical knowledge and operational experience to address the problem. What is required is sustained political support, coordinated governance and predictable financing to convert episodic success into lasting eradication and control,” Kanga said in the brief.

Ogogoh said there was no proper public participation prior to the killings, a programme which started in 2024.

He noted that the use of poison could affect the health of other organisms, including humans.

“Where is the EIA report? We want to know whether this was carried out,” Ogogoh noted.

“This action contravenes Article 42 of the Constitution of Kenya, which guarantees every person the right to a clean and healthy environment, as well as Article 69, which obligates the State and all persons to protect and conserve the environment and ensure sustainable exploitation of natural resources,” the CLT executive director said.

Under Article 70, any person has the right to seek legal redress where these environmental rights are threatened or violated, he noted.

“Reports indicate that approximately 4,400 birds have already been killed, a figure that raises serious environmental and ethical concerns.

“We will pursue legal action to halt this exercise and advocate for humane, science-based, and sustainable alternatives that protect biodiversity while addressing public concerns in a lawful and responsible manner,” Ogogoh said.

However, KWS Coast regional director Elema Hapicha said strict protocols were in place to control the handling and use of the specialised Starlicide poison.

Starlicide is a specific chemical avicide (bird poison) used for controlling pest and bird populations, particularly starlings, crows and gulls.

It is mixed into baits and is known for its effectiveness and delayed action, reducing risks of secondary poisoning to non-target animals.

“The poison is under KWS custody and is issued through documented government procedures. There is no room for misuse,” Hapicha said.

The Indian house crow is classified as a pest.

However, Ogogoh maintains the crows are considered a species not to be interfered with, according to the Wildlife Management Act of 2013.

A Rocha Kenya said they have demonstrated success in North Coast towns such as Watamu, Malindi and Kilifi, where an estimated 130,000 crows have been eliminated over the past year.

Ogogoh said they are in the process of collecting signatures to institute legal proceedings against the Mombasa Tourism Council (MTC) and other entities over the ongoing mass killing of Indian house crows in Mombasa.

He said the crow is a migratory bird and poisoning them might transfer the poison to other parts of the country, directly or indirectly.

“This is a project meant to collect money for who knows what reason,” Ogogoh said.

He said the crows are attracted by garbage and if the county were clean, the crows would disappear.

“Mombasa is dirty, garbage everywhere. This is what attracts the crows. A crow cannot survive in a clean environment,” he said.

Defending the county government, Mombasa Tourism Council chairman Sam Ikwaye said they are not killing the crows.

“We are only fundraising to implement the programme which has been ongoing for some time in the Coast region.

“Kwale and Kilifi counties have done well in managing the numbers of the pest,” Ikwaye said on Thursday.

Tourism stakeholders say the industry is losing an estimated Sh200 million every year as a result of the destructive invasive crow.

The losses stem from guest complaints, compensation claims, damage to outdoor facilities and escalating pest control measures and costs that have risen sharply over the past 12 months.

Instant Analysis:

A House Crow Eradication Committee, chaired by KWS, provides technical and governance oversight with representation from conservation partners, technical institutions, tourism stakeholders and relevant agencies. The Revised National House Crow Eradication Programme (June 2024) has the objective to remove approximately one million house crows within one year, generate operational data to support full national eradication and establish systems to prevent reinvasion, particularly through ports.