KABARAK UNIVERSITY

SCHOOL OF LAW-
P.O Private Bag – 20157, KABARAK, KENYA

Course code: KLAW 323

Course Name: ENVIRONMENTAL AND NATURAL RESOURCES LAW

3 Credit Hours

COURSE OUTLINE

Lecturer: JEANE OKUMU

Cell phone: +254723872962

Email: [email protected]

Course description

The evolution of the law relating to conservation of the environment; defining

environment; environmental degradation; environmental consciousness;
environmental law; key concepts doctrines principles and theories of environmental
law and standards, sustainable development, sources and principles of environmental
law; the various actors in the national and international environmental arena; national
and international legal and policy frameworks for management of environmental;
development control; sectoral issues; forestry, wildlife, water, trans-boundary nature
of environmental pollution and the need for cooperation; solid waste management,
hazardous substance and chemicals, biodiversity management, environmental
liability, use of civil and criminal law in enforcement of non-regulatory measures;
economic incentives self-regulation and the role of market place; human rights and
the environment.

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As members of Kabarak University, We purpose at all times and in all places to set a part in one’s heart,
Jesus Christ as Lord. (1 Peter 3:15)
Purpose of the course

To equip the learners with knowledge of environmental law, both municipal and
international as well as the legal framework on management of natural resources.

Expected Learning outcomes

1. Define the concept of environment from a legal perspective.

2. Discuss the sources and jurisprudence of environmental law.

3. Understand the national and international environmental management regimes.
4. Students to demonstrate a deep understanding and appreciation of the legal
regime on management of natural resources.
5. Interlink between environmental regulation and exploitation of natural
resources.

6. Identify key international treaties developed to address environmental issues

such as climate change, loss of bio-diversity and pollution.
Learning approach
Text books, Articles, Statutes, Conventions, Case Law, Lectures, discussions in class
and groups, short presentations, individual exercises and structured activities.

Weeks Dates (2021) Detailed course content

Week 1 Environmental Law in Kenya

 Introduction to Environmental law

 Foundations of national environmental law
 Historical development of International
environmental law
 Sources of international environmental law
 The prerequisites for effective national and
environmental law
 Adequate regulation and institutional regimes
 The role of case law
 Implementation, enforcement and compliance

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As members of Kabarak University, We purpose at all times and in all places to set a part in one’s heart,
Jesus Christ as Lord. (1 Peter 3:15)
 of national law

Week 2 Principles and concepts of environmental law

Overview of international and environmental law principles

and concepts.

Emerging principles and concepts;

1. Sustainable development, integration and

interdependence
2. Inter-generational and intra-generational equity
3. Responsibility for environmental damage
4. Transparency, public participation and access to
information and remedies.
 Cooperation and common but differentiated
responsibilities
 Precaution
 Prevention
 Polluter pays principles
 Application of environmental law principle and
concepts in Kenyan law and Kenyan jurisprudence.
 Access and benefit sharing regarding natural
resources, common heritage and common concern of
humankind.

Week 3 Environmental management framework in Kenya

 Statutory framework for environmental planning

 Environmental impact assessment
 Environmental monitoring and audits
 Physical and land use planning

Week 4 Cat 1

Week 5 Global climate change management

1. The climate change convention regime

2. The United Nations Framework Convention on
climate change
a. Capacity building and financial mechanism

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As members of Kabarak University, We purpose at all times and in all places to set a part in one’s heart,
Jesus Christ as Lord. (1 Peter 3:15)
 b. Compliance and dispute settlement
3. The Kyoto and post Kyoto protocol trends on
climate change including negotiations and
commitments.
4. Compliance mechanism- compliance committee

Week 6 Natural resource management: forest management

regulations, wildlife conservation, water resource
management, solid waste management,

water resource management

1. Water regulatory framework in Kenya.

2. The hydrological cycle
3. Water rights and uses
4. Major developments in the field of cooperation on
fresh water
5. Fresh water regulation at International level
a. The 1997 UN Convention on the Law of Non-
navigation uses of international watercourses.
Fresh water regulation at the regional and sub-
regional level.
6. Fresh water regulation at the regional and sub-
regional level.
a. The 1992 UNECE Convention on the protection
and use of trans-boundary watercourses and
international lakes.
b. Agreements concerning specific water courses.

Conservation of species and habitats, including trade in

and sustainable use of endangered species

International Framework

1. The 1979 Convention on the Conservation of

Migratory Species of Wild Animals.
a. Obligations and instruments.
b. Appendix I species
c. Appendix II species and other species
d. National Implementation in Kenya.
2. The 1971 Ramsar Convention on Wetlands of

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As members of Kabarak University, We purpose at all times and in all places to set a part in one’s heart,
Jesus Christ as Lord. (1 Peter 3:15)
 International Importance especially as Waterfowl
Habitat
a. Obligations
b. National implementation
c. Institutions
3. The 1973 CITES
a. Definitions
b. Obligations and structure

Week 7 Hazardous wastes

1. Multilateral instruments on hazardous wastes.

a. Basel convention on the Control of Trans
boundary Movements of Hazardous Wastes and
their Disposal.

Hazardous wastes and their disposal

1. Background and contents of the convention

2. Strict control of trans boundary movement of
hazardous wastes
3. Environmentally sound management of hazardous
wastes
4. Enforcement of provisions for strict control of trans-
boundary movements and for environmentally sound
management of hazardous wastes.
5. Marine environment compensation and liability
agreements and marine pollution prevention
agreements.

Regional instruments on hazardous wastes

a. Bamako Convention on the Ban of Imports into

Africa and Control of Trans boundary
Movement and Management of Hazardous
Wastes within Africa.
b. Regional sea agreements.

Week 8 Biological Diversity

1. The Convention on Biological Diversity

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As members of Kabarak University, We purpose at all times and in all places to set a part in one’s heart,
Jesus Christ as Lord. (1 Peter 3:15)
 a. General principles and concepts
b. Measures for the conservation and sustainable
use
c. Access to genetic resources and benefit sharing
d. Access to and transfer of technology
e. The role of indigenous and local communities
f. Institutional arrangements
g. Compliance, liability and dispute settlement
2. Intellectual property rights and biological diversity
3. International convention for the protection of new
varieties of plants
4. National implementation in Kenya
5. Mechanisms under the Cartagena Protocol on Bio-
safety
a. Advance informed agreement procedure
b. Risk assessment and risk management
c. Information sharing
d. Relationship of the Cartagena Protocol with other
agreements.

Week 9 Cat 2

Week 1. Environmental liability; use of civil and

10 criminal law in enforcement of environmental
management;
2. Enforcement of non- regulatory measures;
Environmental Justice.

Week Economic incentives, self-regulation and the role of

11 market place;

Week Human rights and the environment.

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Week Revision
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Week 14 Examination

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As members of Kabarak University, We purpose at all times and in all places to set a part in one’s heart,
Jesus Christ as Lord. (1 Peter 3:15)
Course assessment

Continuous assessment tests (CATS) 30%

Final examination 70%

Total 100

Core texts

1. Patricia Birke and Allan Boyle ; International Law and the Environment
2. Stuart Bell and Donald Mcgillary : Environmental Law 9th edition.
3. Philipe Sands: Principles International Environmental Law (Cambridge
University Press, Cambridge 2003).
4. Charles O. Okidi et al. (eds.) Environmental Governance in Kenya: Implementing
the Framework Law, Nairobi: East African Education Publishers (2008).
5. Birnie, P. et al (2008). International Law & the Environment. (3rded.). London:
Oxford University Press.
6. Bell, S. et. al. (2008).Environmental Law, (7thed.). London: Oxford University
Press.

Further reading
1. Prof. Kenneth Kakuru, ‘Handbook on Environmental Law in Uganda’.
2. Prof. John Ntambirweki, ‘The Evolution of Policy and Legislation on Wetlands.’
3. JB Ojwang, ‘The Role of the Judiciary in Promoting Environmental Compliance
and Sustainable Development’ (2007) 1 Kenya Law Review 19.
4. Okoth, O. and J. B. Ojwang, A Climate for Development, Climate Change,
Policy Options for Africa, ACTS Press, Nairobi 1995

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As members of Kabarak University, We purpose at all times and in all places to set a part in one’s heart,
Jesus Christ as Lord. (1 Peter 3:15)
 5. Charles O. Okidi and P. Kameri-Mbote (eds.) (2001) The Making of A Framework
for Environmental Law in Kenya, Nairobi: UNEP/ACTS Press.
6. Constitutional Environmental Law; Giving Force to Fundamental Principles in
Africa, a production of the Environmental Law Institute.

Approval

H.O.D……………………………….Signature……………………………
Date………………………

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As members of Kabarak University, We purpose at all times and in all places to set a part in one’s heart,
Jesus Christ as Lord. (1 Peter 3:15)