The environmental pollution liability of international companies in upstream oil and gas operations: the perspective of Kenya, Uganda and Tanzania

Oil and gas environmental pollution cases involving international oil and gas companies have been reported in Kenya, Uganda and Tanzania. However, the polluters have not been held liable. Thus, the researcher set out to find out whether Kenya, Uganda and Tanzania have adequate legal and institutional frameworks to hold the companies liable for pollution caused by their oil and gas operations. This research was premised on a presumption that Kenya, Uganda and Tanzania have weak legal and institutional frameworks to hold liable international polluters. The researcher weighed the legal and institutional frameworks against the best international practices in developed oil and gas jurisdictions and international experiences. According to the major research findings, it was found that indeed Kenya, Uganda and Tanzania had inadequate legal and institutional frameworks to enable them to hold liable international oil and gas companies. Therefore, the researcher recommended a review of the legal frameworks with a view to strengthening them. Furthermore, strengthening of the three states’ institutional and regional frameworks is recommended.