Wamuyu, Hannah, Odote, Collins and Obiero, Stephen (2023) 'The Utility of Epidemiology Evidence in Resolving Compensation Quandary in Kenya: Case Study of Thange Oil Spill, Makueni County, Kenya.' Law Environment and Development Journal, 19 (1). pp. 17-33.
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Abstract
Toxic torts that are non-occupational in nature have started to emerge in Kenyan courts posing challenges to legal practitioners regarding proof of causation of injuries owing to the latent nature of injuries from such torts that take time to show. This article examines the nature of environmental incident response mechanisms deployed upon an occurrence of a pollution event and identifies public health assessment as a priority response measure that should be utilised to collect crucial epidemiology evidence. The examination is conducted through documentary review of international and national legal instruments and journal articles as well as interviews and case law analysis. The article proffers that failure to conduct a public health assessment is a missed opportunity for compensation as collection of critical evidence of causation is missed and mitigation of damage is not undertaken for victims of toxic exposure.
| Item Type: | Journal Article |
|---|---|
| SOAS Departments & Centres: | School Research Centres > Law, Environment and Development Centre SOAS Open Access Journals > Law, Environment and Development Journal (LEAD Journal) |
| ISSN: | 17465893 |
| DOI (Digital Object Identifier): | https://doi.org/10.25501/SOAS.00040007 |
| Date Deposited: | 07 Aug 2023 18:08 |
| URI: | https://eprints.soas.ac.uk/id/eprint/40007 |
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