Subject Matter Expert Consultants to Facilitate High Level Policy Dialogues on Family/Marriage and Inheritance (Two); One Litigation Attorney, another a Legal Scholar

Background

Equality in law is crucial to achieving gender equality and influencing multiple development outcomes. It can sustain efforts towards just, peaceful, and inclusive societies; environmental and climate justice; equal participation in decision-making at all levels; universal access to essential public services; and economic prosperity for all. Yet, discriminatory legislation remains in all regions of the world, limiting the potential of billions of women and girls and often excluding them from the benefits of development.

UN Women, the African Union, the Commonwealth, Inter-Parliamentary Union, and other partners, jointly initiated “Equality in law for women and girls by 2030: A multi-stakeholder strategy for accelerated action” (the Strategy) to tackle persistent discrimination in national laws. The Strategy calls for action to fast track the repeal of discriminatory laws in thematic areas including—

(a)           women’s economic empowerment;

(b)          minimum age of marriage provisions;

(c)           nationality rights;

(d)          discriminatory rape laws; and

(e)           family and personal status law.

It is on this premise that the UN Women and International Development Law Organisation (IDLO) conducted a study whose objective was to identify and critically analyze the provisions in laws of Kenya that are discriminatory towards women and girls or which occasion discriminatory outcomes, as well as gaps in the law that result in discrimination or disempowerment of women and girls. The assessment observed that a total of 9 laws or provisions must be repealed in whole or in part; 17 laws must be revised or amended, and new laws must be enacted in seven thematic areas to bring Kenya’s legislative framework in line with its regional and international obligations on GEWE. Following the launch of the study in April 2024, UN Women is partnering with Kenya Law Reform Commission (KLRC) to implement the findings of the study. The Kenya Law Reform Commission (KLRC) will lead in the reform of the identified areas of law to ensure conformity with the Constitution and international instruments that Kenya has ratified and will provide advice and technical assistance to State and non-State actors in this regard.

To begin the EDL Report implementation process, it is critical to introduce the findings and recommendations of the Report to both State and non-State stakeholders. Having high level policy discussions and consultative foras with stakeholders is important to get their buy-in and commitment in implementation of the report recommendations from relevant State and Non-State agencies.  The high-level policy dialogues will provide a platform to disseminate the findings and recommendations of the EDL Report and have focused group discussions, get feedback on any legislative gaps not covered by the EDL report, gather ideas including the conflicting outcomes of bench decisions and anything else in the law or its implementation that maybe a concern and needs reform. The policy dialogues are a good avenue to collect feedback from the actual users and consumers of law on what tools can be developed or improved for better amendment of law including understanding what tools are needed by the Judiciary to support bench decisions, for instance and further better implementation of the gaps observed in the Report.

 It is in this regard that the KLRC sought support of two subject matter experts to facilitate  the high level policy dialogues/convenings to give practical experiences on why the identified discriminatory law exist in the statute book, why court decision in the thematic area are conflicting  and further share insights on the jurisprudential reasons for this situation.

The convenings will comprise stakeholders drawn from the following institutions and formations:

a)            Judiciary;

b)            Parliament;

c)            Presidents Advisor on Gender;

d)            National Equality and Gender Commission (NGEC);

e)            State Department of Gender;

f)             Council of Governors;

g)            Law Society of Kenya;

h)            Civil Society Organisations;

i)             Faith-Based Organisations; and

j)             Citizens

Duties and Responsibilities

The Family law experts will report to the UN Women EVAW Analyst and Team Lead a.i and Chairperson of the KLRC.  They will however work very closely with the EDL Technical Consultant who will coordinate with KLRC to ensure the recommendations of the EDL Report are considered for implementation.

Deliverables

1. Presentation papers at the next four high level convenings for a better understanding of the state of play and gaps in family, marriage inheritance and Succession laws;
2. Share with participants personal experiences on discriminatory law from practice to better support gaps that need reform and further guide implementation the EDL Report.
3. Presentation papers will feed into Policy Briefs/Papers to inform very specific legal reforms around family and personal law.

Consultant’s Workplace and Official Travel

This is a home-based consultancy with consultants expected to be physically present at the policy dialogues/convenings to be held in Nairobi.

Competencies

Core Values: 

• Respect for Diversity 
• Integrity 
• Professionalism 

Core Competencies: 

• Awareness and Sensitivity Regarding Gender Issues 
• Family and personal law litigation counsel and scholar
• Creative Problem Solving 
• Effective Communication 
• Inclusive Collaboration 
• Stakeholder Engagement 
• Leading by Example 

Functional Competencies: 

• ·A good grasp and personal experience around the area of family and personal law through litigation, Bar and research.
• ·Practical knowledge of on why there is conflicting court decisions on matters family and personal law.
• ·A good understanding of the Intersectionality of Culture, Religion, Personal and Family Laws

Required Skills and Experience

Education and Certification:

• Advanced Degree in Law or relevant Social Sciences, with a bias to human rights or gender and development studies
• Advocate of the High Court of Kenya
• Bachelor of Laws Degree

Experience:

• At least 12 years’ post admission experience in family, marriage and divorce, succession and inheritance matters in Kenya.
• Demonstrable experience in family law research, teaching/academia and legal practice in family, marriage and divorce, succession and inheritance matter in Kenya
• Experience in presenting or facilitating High-Level policy dialogues and consultative forums with justice actors and other key stakeholders.
• Knowledge and appreciating of the law reform process and the key stakeholders engaged therein.

Languages:

• Fluency in English and Kiswahili is required.

Application:

All applications must include (as an attachment) the completed UN Women Personal History form (P-11) which can be downloaded from: . Kindly note that the system will only allow one attachment. Applications without the completed UN Women P-11 form will be treated as incomplete and will not be considered for further assessment.

Note:

In July 2010, the United Nations General Assembly created UN Women, the United Nations Entity for Gender Equality and the Empowerment of Women. The creation of UN Women came about as part of the UN reform agenda, bringing together resources and mandates for greater impact. It merges and builds on the important work of four previously distinct parts of the UN system (DAW, OSAGI, INSTRAW and UNIFEM), which focused exclusively on gender equality and women's empowerment.

Diversity and inclusion:

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If you need any reasonable accommodation to support your participation in the recruitment and selection process, please include this information in your application.

UN Women has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UN Women, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. All selected candidates will be expected to adhere to UN Women’s policies and procedures and the standards of conduct expected of UN Women personnel and will therefore undergo rigorous reference and background checks. (Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.