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Nes 402: Environmental Law Question Paper

Nes 402: Environmental Law 

Course:Bachelor Of Science In Environmental Science

Institution: Maseno University question papers

Exam Year:2011



MASENO UNIVERSITY

UNIVERSITY EXAMINATIONS 2011/2012

FOURTH YEAR SECOND SEMESTER EXAMINATIONS
FOR THE DEGREE OF BACHELOR OF SCIENCE IN
ENVIRONMENTAL SCIENCES WITH IT



MAIN CAMPUS




NES 402: ENVIRONMENTAL LAW




Date: 12th April,2011 Time:9:00-11.00am



INSTRUCTION:
.Answer Question ONE and any other TWO questions.




MASENO UNIVERSITY ISO 9001:2008 CERTIFIED





QUESTION ONE
(a)Discuss the efficiency or otherwise of judicial review on environmental protection and management
(15 marks)

(b)Describe the following common law principles explaining their relevance to environmental protection

(i)Nuisance (5 marks)

(ii)Trespass (5 marks)

(iii)Strict liability(Rule in Ryland-vs Fletcher) (5 marks)


QUESTION TWO
(a)Discuss how the right to clean and healthy environment in section 3 of the Environmental management and Coordination Act can be achieved in Kenya. (8 marks)

(b)What are some of the legal remedies that can be given by the court to address environmental degradation in Kenya? (12 marks)


QUESTION THREE
Write short notes on the following sectoral legislation on their role in environmental protection.
a]Water Act No 8 of 2002 (5 marks)

b]Public Health Act Cap 242 (5 marks)

c]Forest Act No 7 of 2005 (5 marks)

d] Agriculture Act Cap 318 (5 marks)


QUESTION FOUR
The Environmental Management and Coordination Act of 1999 create several institutions meant to enhance its operation in Kenya and among the institutions is the National Environmental Tribunal

a)What are the functions of these tribunal? (8 marks)

b)Discuss the challenges that are being faced by this tribunal in executing its statutory duties
(6 marks)
c)Suggest some ways of improving the effectiveness of this tribunal. (6 marks)


QUESTION FIVE
a]Outline and describe any FOUR Environmental Principles (12 marks)

b]Discuss the provision of Environmental Management and Coordination Act that are line with the principles and how effective they are applied by the committee/institutions. (8 marks)


QUESTION SIX
a)Discuss any two environmental regulations already put in place in Kenya to protect the environment
(12 marks)

b}What are some of the problems being met in the enforcement of the above regulations? (8 marks)






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