Compensation: an assessment of the compensation process system in Kenya

Abstract

Despite the global concern over environmental issues, courts continue to grapple with the challenge of providing adequate compensation for environmental damage. Whereas other constitutional rights are fairly compensated in courts, the right to a clean and healthy environment is yet to reach the same level of recognition. There is a notable discrepancy amongst judges with some taking environmental damage on a serious note and awarding compensation accordingly, while others award comparatively lower compensation amount. This lack of uniformity underscores the need for a standardised approach in courts. The evaluation of damages by the judges in environmental cases still lacks clarity that often leads to a haphazard decision-making process. The absence of clear guidelines in this regard poses significant challenges in addressing compensation issues. Therefore, ensuring consistency in awarding damages is crucial to promote uniformity and environmental justice in court decisions.