| Summary: |
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.
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| Other authors: |
Odote, Collins, Obiero, Stephen |
| Language: |
English
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| Published: |
SOAS University of London
2023
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