a UNIVE ITY Of NATROBTrole of non of democratic governance on mechanisms of reso'ving di Kenya 20 Marks) Polya Katsamonska defines governance as and other goods demanded by a elective, tanspanUNIVERSITY (7 NAIROBI UNIVERSITY EXAMIN. tIONS 2018019 *QUETILYEAR EXAMINATIONS £0? TIE DEGREE OF BACHELOR OF LAW ‘StL: ENVIRONMENTAL AND NATURAL RESOURCES LAW DATE: FEBRUARY 1, 2019 TIME: 2.00 P.M —4.0 PM, vst RUCTIONS: ‘Answer question ONE (computsory) and any oter TWO question Question On Ceeawemiment of Kenya in put of its developmen agenda twas the reaiation ofthe One a yi 2020 es werk extensive nesta devlopmens ne en Caves rts hats winessed these developments is Wanyene taon ete es farsa consucing aN caput etic ain tant sytem fo ops op te gs for commercial industial ant is ctv The residents of Wanyonge ar: However not etsy happy with the projet ‘spar from the displacement tht: took place the project desione hee Feed sewer sytem into the Loeal River Wanyonge This is because, its waste and The locals were only informed of he “development” that would “ransom? the area and that it wus best or then |Wanyonge fo the Environment, oat NGO his thetened ose the Goverment on behalf of the locals for what they tem 2s violation of all the environmental Lanes vironment and natural esos conservation. Stal they sy thy the government move is “unecsstitational” and ial domes aw, and regulations on 1 ae aggrieved that ‘nd One “that isnot tenable under say The resents through the NGO have approached your Environmental Law practice fim for legal alvice on the iste, Draw a bret advising Wa » forthe Environment and the residents onthe emerging issues Fin he oneyoing ad the sition of theirintendedsetion, (60 marks)Tw “There is evidence to suggest that if conservation and environmental management polis ae ‘ot formlated and implemented in aholisie way to balance the needs of conservation and People, it ean ead to conflict Anon)” Using the foregoing excerpt a a bass of yor answer, rtaly evaluate the effectiveness of the ‘arious conflict management mechanisms avilable to address environmental conflict and disputes in Kenya, (20 marks) stion Three Citing relevant laws and examples discus the efficacy of Inw as a tool of environmental Protetion and conservation and suggest other tole that ean be employed in envitonmental Protein in Kenya omar) Question Four, Citically dacs he prospects, and challenges fcng elation the ssanable development evalsin Kenya, 20 marks) Question Fi Discuss any TWO ofthe falling: 9 Community based approaches tonsa escures manageient (00 marks) (©) Baforcement of avtonmental ihn Kena, (omais) (0. impacts of ata! este we on ssn (omarks) (@ Resowce couse phenomenon, (Omari) (©) Realising the Rights toa Clean and sly environment (QO marks)UNIVERSITY OF NAIROBI INIVERSITY EXAMINATIONS 20172018 FOURTH _VEAR EXAMINATIONS FOR THE DEGREE. OF. GPR.A32: ENVIRONMENTAL AN! NATURAL RESOURCES LAW pani SEPTEMBER 29,20 5 TIME: 2.00 P.M. — 4.00 P.M. justion ONE and any other TWO INSTRUCTIONS: Answer Q 1 The Cabinet Secretary in chirge ofthe Min try of Environment and Forestry is ‘concerned wit the accusations being levelled against the Ministry by the peivate stor andthe public at large. The Ministry has come tndst heavy criticism for allegedly neglecting ts primary duty of safeguarding the right to a clean and healthy environment. The er ies have pointed out several environmental concerns inthe county such as poor vaste managcnnt, noise pollution and pollution by industries. They argue that he fools ant policies employed by the Ministry 10 control pollution are not e'festve, Ilovever the Cabinet Secretary stonly believes that the Ministy ca its own cannot promote the right to a clean and healthy environment and that every person hs role to play. “The Cabinet Secretary 185 approached you, a legal expert in Enviromental Law for advice on the mater, Prepare a brief to the Cabinet Secretary noting to adress all the concems raised [50 marks} Critically discuss the extent to which public participation has been employed as 4 ‘ool for environmental conservation and protection in Kenya, [20 marks} Discuss the environmental concer raised by global warming and climate change snd the various methods employed atthe international and national level to handle these issues, [20 marks}4. ‘Sustainable Development impli not merely limits on economic activity inthe interest of preserving ar proing the environment, bul an approach to evelopment which emphastes the fundamental importance of ety ‘ezcnomi system.” Anon, With reference to the foregoing latent, discuss the relationship between cconamic development and environmental eon vaion. 5. iseass any TWO ofthe fllowing (a) ‘Polate Pays principle (©) Beocentism-re-Anthopocensism (@) Bnvionmenal secuity (@ Environmental Impact Assesment (6) Human Rights in Evironment Law [20 marks) [0 marks) [Ho marks} Omarks} [lo marks [omarrourt bare, OVEVERSETY 08 NATROBI UNIVERSITY EXAW UNATIONS 20172018 EXAMINATIONS POI THR DEGREE OF BACHELOR OF LAWS (NEURAL RESOURCES LAW. BRUARY 12,2018, TIME: 2.00 P.M, —4.00 P.M. Pe EE ZO MOM ‘Gyre: ENVIRONW IsrRuCTIONS Answer Question ONE snd an yy other TWO ‘he residents of Mla Chake Village ia the Coastal region af Kenya are aggrieved bythe aatons ct one of te investors in the rgion engaged in exploration and ‘ining of miners! resources Their ntin conser is thatthe ming setvites ‘nave polled the sir and completely estoyed and “poisoned” the only major siver psig tn gh thee vllage thas denying ther acess to clean water. They 'e also concerto} with the indiscriminate deforestation in the ate which also ates thei eligi activites sine their only shrine i o be fund in he targeted forest. The wellsishers uf Mla Chake Ville a local NGO, have vowed to ight fr the people sine before the mini activites, ‘people had expressed the concen and they feel ignored. They claim that the process of the grant Of ining eences was coer done 1am expett in Pavisonmental & Natural Resources “Law, to advise tem on the legal poston in respect of the issues raised and wheter they have any recourse. They ae also alatd that they many not have the fesources {0 tk: on the company” ind ned advice on the various options tn resolving the ma. Prepare the bie G0Mats) “The jliciry isso a crucial parter in promoting environmental governance, upholting the rule of law and ensuring a fair balance between environmental, socal and develo snental consideration tough is judgments and declarations” laws Toepfer's mesa Affe 10 the UNEP Cibo Judges Programme 2005, ia South Page tof 2CCiticaty discuss the vera of the foregoing assertion in light of the Constitationa ant Legal framework governing, mining activites in Kenya. [a0 Marks} UESTION THREE “No doubt the prospects of ei, gas and cl exploration prospecting, Kenya are enormous However, fe the itl optimistic exctoment, land ovmerhip and the manner in which the proceeds ofthese discoveries woul shored have ewerged. The manner in which Jand is expropaated for exploation of Irina ay alo end to serious human ih vations or fet economic exploitation of i be occasioned by protracted 1 prodction in cilia is of| Ihe patra resources if clear process isnot fllwed. These wi Migation and disagreements overland.” [A0n) Using the foregoing as your background discuss the effectivene: + of various snechanisms ‘used in the management of natural resource hase and envizonme wa conics [0 Marks] QUESTION FOUR “The socalled Intemational Environmental Law is a fallacy «xd a iis all states ate sovereign and cannot therefore be compel to comply with Fore rules which have foxce of Lae.” Anon} Discus. [au Marks QUESTION FIVE Critically discuss any THO ofthe follwing 2) Environmental Justice [Ho Marks) ') Sustainable Development [10 Masks}, ©) PublicPartcipation [10 Marks} {2 Eivironmental Impact Assessment uo Marks} «)) Anthropocentrcism and Beocentrism 0 Mars}UNIVERSITY OF NAIROBI SPECIAL SUPPLEMENTARY EXAMINATIONS - 201572016 FOURTH YEAR EXAMINATIONS FOR THE b GERAOS : ENVIRONMENTAL LAW, DATE: AUGUST, 20°6 “TIME: 9.00 A.M. —11.00 AM. INSTRUCTIONS: Choose THREE (3) of t!VE (5) questions. Nol at question ONE (I) is Compulsory. QUESTION ONE, Preset the resolutions adopted recently by the Unit Naions General Assembly Sustainable Development Goals ~inpaticular thse related ively to environment and thei relations to ‘he Millennium Developrigt Goals (SDE and MDG). REE OF RACHELOR OF LAWS QUESTION TWO Elaborate on interiton and national protection of shared water resources and on the Principles of aw related 1» thei exploitation an siuinable use. ouesTION THREE Analyze the Paris Agree cent alopted by the conference ofthe parties of UNFCCC at Pars (COP 21), expectations rested toils ely into force and relations fo the Kyoto Protocol and to the United Nations Fram sork Agreement on Climate Change (1992). QUESTION FOUR ‘What are the inferstionsl, regional and Kenyan national legal instruments related to the provection of wildlife ~ vxpain the main problems related to their implementation ond enforcement at national level in Kenya and goby. QUESTION FIVE, Several principles of enviconmental law are recognize a intemationl and national levels — present them with clear ication in which international and naonal legal instruments they Feflected and how far national and intemational cours recognized them duing. their judgements2 UNIVERSITY OF NAIROBI UNIVERSITY EXAMINATIONS 201772018 FOURTH VEAR EXAMINATIONS FOR TH) 0 OF GPRS: HEALTH LAW AND POLICY, DATE: SEPTEMBER 27, 2018, TIME: 6.00 .M—8.00 P.M INSTRUCTIONS: 1. Answer question One (1) and anyother wo 2uestions. 2 All rough work should be done inthe answer booklet and crossed out. No rough work should be done onthe examination popers 3. Students should write clearly Question One ‘Mary #8 34 year old woman who went to hospital in Ibout, When she got to the hospital, she was told to wait inthe waiting ay near the parking lot as there was nother emergency due to an acident that had just taken place a few minutes ago on ‘he highway, All the muses ani doctors were receiving the victims ofthe crash ‘Mary vas left o fend for herself and due to the complicated nature of her pregnancy, she suffered alot oF bleeding and die. Her baby also was deprived of onyen ashe ‘vas being birthed and also died. Some second year students who were passing by saw ‘er ying inthe parking lot and took photogmphs and videos on their mobile phones and set them tothe clase whatsap group, Jn the same hospital, three monts ago, roup of children were rendered palysed as ‘result ofan infeton hat was not ony ainstered wrongly but the medicine hd already expired, Also some women who wer living with HIV, were forcefully steried ‘Mentfy the etical and legal issues in this Scenario and advise the partes. (30 maths)‘UNIVERSITY OF NAIROBI SPECIALSUPPLEMENTARY EXAMINATIONS 2016/2017 FOURTH YEAR EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LAW: (PARKLANDS CAMPUS) GPR 431: HEALTH LAW & POLICY (0 A.M, ~ 11:00. A.M. DATE: SEPTEMBER 22, 2017 Tie: INSTRUCTIONS: 1. Ansorer question ONE (Compulsory), and auy othee TWO questions 2, Rough work should be done inthe examination booklet and erossed out. No rough work should be done on the examination question paper. 3. Write cleasly marks MAY be lost for legibility ‘Question One Scenario One Shirw and Shiu are conjoined twins who ave admitted at a local hospital. Both have @ chance of a better quality of life if they are separated although they can sil live conjoined but have major difficulties both in their health and general life. The parents are strict adherents of a religious group that does not permit medical intervention unless forthe saving of life and have therefore withheld cousent forthe separation of the twins, but the doctors fel that the separation should take place, ‘Seenario Two ‘Muangi has gone for his annual medical check up with Dr. Kiptanuiy the Fail doctor, who is also a family tiend of Mwvangiand his wife, The results ofthe eheck ‘up reveal that Mwangi has Hepatitis Cand also stage 3 prostate eancer. De. Kiptanui is contemplating revealing the results ofthe ess to Miva Scenario Three Merey is « 20 year old University student ssho has an eat ‘want to eat as she Fels that she is too faUNIVERSITY OF NAIROBI SECOND SEMESTER EXAMINATIONS 20162017 FOURTH YEAR EXAMINATIONS FOR THE DEGRER-OF BACHELOROF LAWS GPR S31: HEALTHLAW AND POLICY DATE: DECEMBER 21, 2016 TIME: 6.00P.M8.001 INSTRUCTIONS (@ Answer Question One (Compulsory) snd any ther Two Questions (ALL Rough mork must be done in the ansver booklet and erossed out. No Rough Workshould be done on the examination paper: (ii) Matis may be lost for iteibity ‘Question One Compulsory Waithera is 34 year ld lady. She is HIV positive and is expecting her fh child. She has been visting her lea! matema care clinic an has been advised to udrgo a caesarean section at the time of delivery to prevent the chances of her baby gsting infected. She consents tothe ‘aesarean section, However, on the day ofthe operation, the doctor performs a tubal ligation on Walther, she beleves that she hos had encuah ehilren and with her HIV status she should set have any more eildren, During her post operation checkup, the muse who was attending her fllayed her a aie was tar the reception and i a oud voice informed lr “you forgot your ARVs, Make sure you sot well before you tae them and be careful not o infect hi baby’ of yours” There see covered ations wating atthe reception who ovesbeard what the nue sa to Watthers mse ae he operon, Wai maces ht het abdomisl areal as sbaomally Maat tm in ea! pin. When ax Xsay as dons ws discovered that te sree Eeeibt petrmed he epraton halt alps of gaze fn her ers bef seen er up. She wa alo informed at tht pin that hr Fllopitn tubes hd heen ted me ne could not have any more children, Waithera has approached you for le remedies available to he, Question Two eal advice. Advise heron the legal issues arising andthe G0 Maris) aly discuss te jusiiabilty ofthe ight o heath in Kenya and x ‘meaning of this righ, in the content and (20 Marks)ee UNIVERSITY OF NAIROBI UNIVERSITY EXAMINATIONS 201612017 XAMINATIONS FOR THE DEGREE OF BACHELOR OF LAWS EOURTILYEAR GPR 431: HEALTH LAW AND POLICY DATE: AUGUST 31,2016 ‘TIMD: 9.00A.M.~ 11,008.81 INSTRUCTIONS 1. Answer Question ONE and any other two Questions, 2. ALL rouph work MUST be done inte answer booklet and exossed out, NO Rough ‘work should be done on he examination paper 53> Marks MAY be lost for ilgili. Suuents MUST write neatly and clearly ‘Consider the following seerios: Sconavin 01 ‘There is an outbreak of highly contagious fever inthe Western part ofthe County that seems to only affect women, In a matier of two weeks, 150 women have died. The fever‘is accompanied by haemmoraging and some form of instity. The National and County Governments have imposed stret measures curbing movement of person fom western to other parts ofthe country. Maria i a world enown profesor who lad travelled to Kakamega to visit Der mother and as to fly back to Naiobi for onard travel tothe USA where shes scheduled to be the guest lecturer ata prestigious conference. She gets tothe atport snd is blunly informed that she eannot leave the country du othe outbreak, ‘Scenario Two ‘Riana bas been diagnosed with stage 4 spinal cancer and is also HIV positive. ‘Sh refuses 19 take her ARVs and also to undergo chemotherapy. She wishes to die peacefully at home. She 1MIN HHONS 20162017 XAMINATIONS [on TH): ORCREE OF BACHELOR OF LAWS b CUAL RESOURCES LAW ‘TIME: 2.00P.M.—4000.M, GPR 42: ENVIRONMI ANSrRUCHONS tion ONE (Compulsory) antsy ote ve Questions OURSTION ONE The Cabinet Secretary, Ministry of Environment Nolasl Resoudes and Regional Development sii Ins asked you to prepare a brief on da: obligations and dies in eepect of the avironmnt as outined inthe Consttion of Ken ad other relevant laws. She wants as ‘suaysis ofthe content ofthe legal provisions and thi efcaey Prepare the brief (0 marks) INTWO Critically analyze the role of law in natural resource nanagement (20 matts) ant examples discuss the link between Inn sights nd environmental rights (20 marks) QUDSTION FOUR “Wherever natural espurces are conflicts naturally follow". Anonymous Critically diseuss the mechanisms avilable for the manageinent of natural resource based confit in Kenya, @omarts)‘QUESTION EY Discuss any Tw of the following in tela 0 oy @ @ Sustinailiy ‘Community Based Natual Resource agement Publi Participation Eavizonmental Justice ys Cavionnetal and tral Resouces I swale)UNIVERSITY OF NAIROBI NIVERSTTY BX AMI; TION 20162017 HURTH YEAR EXAMINATIONS FOR TH DEGREE OF BACHE! OR OF LAWS GPRAS2; ENVIRONMENTAL AND (IATURAL, ‘CEMBER 15 2016 HONS () Deveh ow Thise (3) Questions out of i (5) Questions Wi) Please no that Huestion 0» bs Computiory uestion One Present the min Privefies of Environmental Law and Sustainable Development and their reflection in the Congituvion of Kenya, 2010 ail in Intemational agreemtentsfeonventions to Which Kenya is a Party, present main poinis veined to natural resources in the Kenya Constitution Question Two Discuss energy laws a= policies and their relations to climate maters; how the flexible mechanisms agreed uns the Kyoto protocol can inuence the energy sector (in Kenya and in ‘ther regions); the principle of common but diflerentited responsibility has been implemented lunder UNFCCC, Kyoto Protocol and Pars Agreentcnt, 2015 Question Three Develop on main global and regional agreement/peogrammes on protection of land and forests nd theie national implementation in Kenya including institutional strctures and bodies responsible for their susteinable development Question Four Inland waters and wetlnds are crucial for ensuring life and development — what are the main imemational legal agreeinents regulating use of wetland and inland waters and their protection und hat ae related fa in Kenya. ‘Question Five Convention on Biodisetsity (CBD) is leading global instrument on Biological Diversity conservation and cation il use, Present ts main prinsiples and objectives as wel s related global pen igreements and their‘TIME: 6.00 PM- 8.00PM ON ONE iat ny-dther Vhs: Questions Yur wal he penalized for fa fy a apse snestion ONE Support your ensiwer with evant law, stalutes and any other relevant references White natty and lepbly QUESTION ONE + svment tha a people gives ts epresentives fist longer free” Jean jacques owas The Sexi Gonstaet (1762) Inti o! Rowsseau’s warming, whe. governancs arrangements do the citizens of plural sovveties sien ae Kenya requ itt ey are to sevice thelr freedoms? (30 marks) ESTION TWO Accarcing to Hberalism, every individual ha the right to lberty, that, the right to pursue ais/her ohn good in his/her own way, pravided ie/she daes not attempt to deprive others ot Inet ther efforts to obssin ic Further, iberslism requires government to remain, neural on the question ofthe good. As Harold licky has explained. "Since the citizens ofa society differ in heir conceptions the goveramern doesnot treat them as equ fit prefers one conception to another either becaus: the efficals believe that one is lly superior, ar because one is held by the more nmneraus or more powerful arcla |. Lasky, The Rise of European Lealism 33 (Oxford University Press, ‘ven liberalse’s obsession wich government noutralty, Now can we justify ne ever rowing enterprise of egulation? (@omarks)(QUESTION THREE Why in your view, should democracy i egulete the provision of financial serve 20 marks) QUESTION EDU “The state has 9 role to playin the protection of equality across relationships. To this ¢ the state must protect not only heterasesualvnions but those in same sex relationshins well. Johanna E, Bond ‘Culture, Dissent, ait the state: The example of cammonvirsti ‘Avican Marriage law" 14 Yale Human Rights on Development Journal tat 6 (2011) (20 marks ‘QUESTION FIVE Free speech is quintessential fr maintaining slemoeracy because It facilitates the exchange fof diverse opinions. In a representative semneracy, dalague facilitates the testing of Competing claims and obtaining of diverse input into politcal decision making. Free speech is also essential tothe enjoyment of prsanal autonomy." Alexaner Tsesis, ‘Dignity and Speech: the Regulation of Hato Speech in « Democracy’ 4 Wake Forest Law Review 49+ (2008), Given the centrality of free speech tothe prictice of democracy, haw should multiethnic societies such as Kenya go abot regulating "hate speech” (Which can be defined as speech that attacks a person of group of the basic nf attribute such 35 ethnie origin, religion or gender)? (Zomarks) uESTIONsix "For various reasons, aw tends to be indeterminate and its proscriptions imprecise Por example, the objective of legislation are tnt always universally shared, meaning thet twriten laws are invariably the result of a process af negotiation and sometimes horse trading. Novel situations may also cal for creative interpretation af existing prescriptions of the law implying that laws made by the legislature require interpretstion by Séministrators and judicial offcers, who therefore have wide discretionary Dowers i ‘many cases. But while vague legal prescriptnns allow lawyers and judges to apply te lar instrumentally they may be detrimental tothe binding quality ofthe rue of law ‘The susceptibility ofthe prescriptions ofthe law to instrumentalism, partienlany th deep! divided societies, may serve to undermine the authority and legitimacy of law and zh cai that a5 experts inlaw, judges only act rationally. In such societies, legal decision: il increasingly fused with political disputes, will increasingly be. based upon politics Judgements, and will increasingly be deternined according to the politcal predisposition ofthe judges, and as a consequence of jusrs making what appear to lhe peliie! rather than legal decisions, politcal fights will sueveasingly break ett aver who will become jusiges” Migal Alech and Patricia Kamer-Wivee, Kenyan courts end the politics of h= Riloars)UNIVERSITY OF NATROBI SPECIAL/SUPPLEMENTARY EXAMINATIONS 201672017 FOURTH YEAR EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LAWS, GPRM: LAW, RACY AND GOVERNANCE DATE: SEPTEMBER 18,2017 “TIME: 9.00 A.M.—11.00 A.M, InsTRUCTIONS Answer iy THREE Questions. ‘+ Write neatly and legibly. +All questions enery EQUAL marks QUESTION ON ‘The typical contemporary nation-state “comprises a tore leerogencous body than the Greeks thovght citizens “ae extraordinarily i language, and economic position” ‘Robert H, Dat, Demosracs ants Cities 19 (Yale University Press, 1989) gantc body of citizens, who are simile, In such a nation-state, cin religion, education, culture, ethic group, race, \What governance arrangements do the citizens of plural societies such as Kenya require if they are to seeure thei freedoms? ‘ouRSTION Two, Litera theory requies government 9 remain neutral en the question of the good. As Harold Lasky’ has explained, “since the citizens of a society differ in thei conceptions, the goverment docs not treat them as equals if i prefers one conception to another, cither because the officials believe that one is intensely superior, of because one is Feld by the more numerous or the mere powerful prow." Harold) Lasky, Ihe Rise of European Liberalism 33 (Oxford University Press, 1982). Given liberalism cbscssion with government neualty, how can we jusiy the ever- expanding enterprise of regulation? Page Lot?ou STION THREE, ‘Why, in your view, shoulda democracy regulate the provision of financial services? ‘Why, in your view, shoulda democracy regulate personal ives ofits citizens? QUESTION F} ow should multi-ethnic societies such as Kenya go about regulating hate speech? QUESTION Ix How, in your view, should a democracy regulate informal justice ystems? Page 2 of 2QUESTION SIX Leigh T. Toomey has observed that, eof law prctiones played to developing and post- conflict counses sre increasingly confronted the reality that customary lal systers ere prefered and, forthe foreseeable future the only vsble means of eispute resolution available to the vast majority of people” Aicte 159() of the Constitution of Kenya 2010 recognizes this realy, when it tates that in exercising judicial authority, the courts and ribunals sal be guided by a numberof principe, including the principle that"terative forms of disputed resolution including reconciliation, mediation, arbitration and tradona dispute resolution mechanisms shal be promoted” However, the Constintion qualifies this ecogition of customary legal systems, by providing at Ai 155(3) that “Traditional dispute resolution mechanisms shall not be sed in @ way that contravenes the il ofits, i epugnant a jstice and morality or results in outcomes that are repugnant to justice or morality, rs inonsistent wi this Constitution or any sriten lat ow in your view, should Kenya go about integrating customary Iga systems with the formal legal ystems? (20 marks) ,