W1-2-60-1-6
JOMO KENYATTA UNIVERSITY OF AGRICULTURE AND TECHNOLOGY
UNIVERSITY EXAMINATIONS 2013/2014
YEAR FOUR SEMESTER ONE EXAMINATION FOR THE DEGREE OF BACHELOR OF LAWS
LSC 2410 : ENVIRONMENTAL LAW
DATE: DECEMBER 2013 TIME: 2 HOURS
INSTRUCTIONS: ANSWER QUESTION ONE AND ANY OTHER TWO QUESTIONS
QUESTION ONE
Provide an overview of the regulatory framework relating to the environment in each of the
following sectoral areas:
(a) Land use and planning [6 marks]
(b) Exploitation of mineral resource [6 marks]
(c) Bio safety and biotechnology [6 marks]
(d) Wildlife conservation and management [6 marks]
(e) Agriculture [6 marks]
QUESTION TWO
The Government of Ethiopia has decided to construct a huge dam on the River Omo, which
although in Ethiopia, is the main source of water into lake Turkana. The Government of Kenya is
concerned that the project is likely adversely affect the Lake Turkana Ecosystem.
Discuss the legal responsibilities of Ethiopia as well as Kenya’s rights as far as the project is
concerned. [20 marks]
QUESTION THREE
Describe two mechanisms for protection and conservation of the environment under the
Environmental Management and Co-ordination Act, No. 8 of 1999. [20 marks]
QUESTION FOUR
Wambaa is a resident of Dandora in Nairobi. For many years, there have been calls for the
City Council of Nairobi, and now the County Government of Nairobi, to relocate the Dandora
dumpsite, with experts warning that the same poses serious public health risks to residents of Dandora. In the light of the above, advise Wambaa on the following issues:
(a) The right to a clean and healthy environment [10 marks]
(b) Whether he can initiate action to compel the relocation of the dumpsite. [10 marks]
QUESTION FIVE
Write explanatory notes as the following principles of environmental law;
(a) Sustainable development [10marks]
(b) Pollutes pays [5 marks]
(c) Intergenerational and intergenerational equity [5 marks]
