Judiciary

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Akhs cgdai cgu vvgvgvgarm occurs in another. The court with jurisdiction will determine the choice of law. Generally, courts apply the domestic statute but pre-emptive national laws, public policy concerns and the principle of non-discrimination may affect the choice. The latter contemplates that in no case should the plaintiff’s complaint be judged according to a rule less favorable than those that would be used to judge the matter in the state where the activities took place. (Art 3 (2) of the 1974. Nordic Environmental Protection Convention guides judges to apply foreign law when its substance is more favorable than the local law. • 10. RESTITUTION AND REMEDIATION In many legal systems, including the international one, restitution is a preferred remedy if it is possible for the injury to be wiped out and the situation restored to its pre-injury state. In environmental cases, courts often order environmental harm to be cleaned up or the damaged ecosystem returned to a healthy state. Such orders which are closely related to injunctions in the sense that they compel action, may substitute for compensation and often produce a better result. For example, where a defendant was found to have dumped wastes on a neighbor’s property, the High Court of Kenya ordered the wrongdoer to clean up the waste. See Paul K. Nzangu v. Mbiti Ndili (High Court of Kenya at Machakos, Case 8/1991) . • 11. EVIDENCE Long delays in investigations and trials result in the evidence not holding good in courts due to the loss of whereabouts of key witnesses or witnesses becoming hostile. Difficult to procure evidence to prove guilt “ beyond reasonable doubt” Poor count on convictions brings focus on reforms in investigation techniues & procedures,e.g., a single individual cannot be expected to be expert in both investigations and prosecution. Capacity building of investigators and prosecutors to enhance their skills is essential in this respect. • 12. SANCTIONS and PENALTIES...
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