CLAIMANTS vs PUBLIC INSTITUTION(R) IN CHARGE OF NATIONAL PARKS

On 23 May 2019, two park rangers called Kalisa John and Peter Mugume shot and killed a person,
called Simon Kayitana, who entered Volcanoes National park illegally. National Parks in Rwanda
are managed by institution [R]. Kalisa John and Peter Mugume are employees of institution R.
In fulfillment of their duties, park rangers are meant to use guns. Park rangers said they killed
Simon Kayitana because he was cutting trees in a prohibited (protected) area. As they moved closer
to him, he became aggressive to confront them and thus they killed him.
Kayitana’s family members claimed that the deceased had not caused any menace to the park.
As a matter of principle, unauthorized entry in the park is strictly prohibited and seen as a serious
encroachment to the park. If someone enters the park without he/she is obviously considered as
posing a menace into the park. Hence, park rangers have the duty to confront any intruder
regardless of the purpose. And they are allowed to use guns, if relevant.
Following the incident, victims filed a civil action—in relation to tort liability—claiming that the
employer [R] has to pay damages for their staff.

Question: Should institution [R] be liable for acts of staff, or, as a judge, how would you
determine the tort liability in the present case?