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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Environmental pollution and individual rights in Kenya
Author:Vyas, Yasha
Year:1989
Periodical:Journal of Eastern African Research and Development
Volume:19
Pages:51-72
Language:English
Geographic term:Kenya
Subject:environmental law
Abstract:This paper focuses on the remedies, or lack thereof, available under common law and statutory law to private citizens either as individuals or in groups against acts of pollution in Kenya. The part of common law most relevant to pollution control is the law of torts. In this area Kenyan law closely follows English common law. The specific torts involved in pollution control are nuisance, rule as established in the case 'Rylands v. Fletcher', trespass to land, negligence, and breach of statutory duty. Defences available to a polluter include contributory negligence, statutory authority, act of stranger, act of God, and inevitable accident. An individual victim of pollution is entitled to claim damages for the injury caused to the person or property, and injunctive relief to prevent future injury. Statutory law is deficient in providing remedies to victims of environmental pollution. Class actions are a very suitable means of attempting to resolve environmental problems. Certain types of action are discussed under the following headings: relator action; representative action; and public interest litigation. The author concludes that, in spite of its weaknesses, common law is still a useful weapon against environmental pollution in Kenya. A definite legislative policy in theform of a comprehensive statute and an administrative policy for allowing more participation of private citizens in environmental matters is needed. Notes, ref.
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