Legislative Drafter for Reforms on Penal Law (Consultancy)

SCOPE OF THE WORK

The National Council on the Administration of Justice (NCAJ) is a multi-sectoral high level policy making, implementation and oversight coordinating mechanism established under section 34 of the Judicial Service Act (No 1 of 2011), and charged with the overall mandate of ensuring a coordinated, effective, efficient and consultative approach in the administration of justice and reform of the justice system. The National Committee on Criminal Justice Reforms (NCCJR) is as a multi-agency initiative established as one of the thematic subcommittee under NCAJ. Its objective is to spearhead comprehensive review and reform of Kenya's entire criminal justice system and oversee the full implementation of the findings and -recommendations of the “Audit Report on Criminal Justice System in Kenya”, with a focus on investigation, policing, prosecution, probation, incarceration and re-entry.

Against this background, the National Committee on Criminal Justice Reforms (NCCJR) under the NCAJ and in partnership with IDLO seek consultancy services of a Legislative Drafter to develop Legislation arising from the recommendation of the National Committee on Criminal Justice Reforms.

The Legislative Drafter’s duties and responsibilities will include:

1. Evaluate existent legal framework including internal rules governing various criminal justice processes including arrest, investigations, prosecution, sentencing and post sentencing practices, identifying areas of convergence, gaps and inconsistencies.
2. Provide expert legislative drafting advice to the Committee on best practices on penal reforms including repeal, review and amendments of existing penal laws and their implementation. 
3. Carry out consultation with relevant criminal justice actors including the Kenya Law Reform Commission (KLRC) and the Office of the Attorney General (OAG), National Police Service (NPS), County Governments, Judiciary, National Prisons Service (NPS), Probation and Aftercare among others.
4. Develop draft Bill(s) in response to the recommendations of the NCCJR on penal reforms. These proposals should be in modern day legislative drafting practices.
5. Work closely with the Chairperson of the Committee, the Secretariat and other experts to ensure that gaps in both practice and law are properly captured and addressed in the draft law(s).
6. Present the draft Bill(s) during stakeholders forums, public participation forums and validation meetings as organised by the NCCJR.
7. Any other necessary task(s) related to the fulfilment of the legislative drafting objectives of the NCCJR.

DELIVERABLES

The Consultant shall:

1. Within three (3) days of commencement of the consultancy, submit a proposed inception report detailing the consultant’s understanding of the Terms of Reference and the strategy towards accomplishing them.
2. Within seven (7) days of the receipt and approval of the inception report, hold initial meetings with the relevant thematic subcommittees to discuss and agree on the scope of the assignment and the drafting instructions by the Chairperson of the Committee.
3. Within sixty (60) days of receipt of the drafting instructions, submit to the Committee the initial draft Bill(s) in response to the Committee’s legislative drafting needs. 
4. Consequently, present the draft Bill(s) during stakeholders’ engagements forums, public participation forums and a validation meeting as agreed to by the Committee.
5. Revise the draft Bill(s) in consideration of the feedback from stakeholders’ engagement and public participation forums and submit to the Committee for consideration.
6. The revised drafts are subject to the approval of the Chairperson of the Committee and its members, before they are accepted as the final product of the consultancy.
7. Within five (5) days of submission and approval of the final product, provide electronic copies of all the finalised works to the Secretariat, as part of the handover.

DURATION OF THE ASSIGNMENT

Within ninety (90) calendar days from date of engagement subject to any validation meetings past this date.

IDEAL CANDIDATE PROFILE

Education

• Hold a Bachelor’s Degree in Law and a post-graduate Degree in a relevant area of law from a university recognised in Kenya
• A certificate of at least three (3) weeks training in legislative drafting.

Work experience

• An advocate of the High Court with at least ten (10) years post-admission experience.
• Minimum of 7-10 years’ professional experience in legal research, analysis and writing, especially relating to policy, legal and institutional reforms.
• Experience as a parliamentary drafter in a Commonwealth jurisdiction will be an added advantage.
• Demonstrated understanding of the of the social, political and economic context in Kenya including sound knowledge of the Kenyan criminal justice system.

Technical competencies

• Excellent organizational, interpersonal and communication skills.
• Strong work ethic characterised by a positive attitude, ability to multi-task under pressure and deliver within stipulated timelines;
• Meet the requirements of Chapter Six of the Constitution including integrity, impartiality, confidentiality and work ethic.
• Ability to work independently and flexibly with minimal supervision and within a team to prioritize tasks, meet deadlines and deliver on targets as assigned. 
• Professionalism in the process of engaging internally with the committee and externally with stakeholders, duty bearers and rights holders professionally;
• Proficiency with Microsoft Office programs and other computer applications.
• High levels of integrity and ability to maintain confidentiality.
• Fluent oral and writing skills in English is required.

DISCLAIMER 

The above statements are intended to describe the general nature and level of the work being performed by the staff member assigned to this work. This is not an exhaustive list of all duties and responsibilities. 

The Director-General of IDLO reserves the right to amend and change responsibilities or even to cancel the recruitment to meet business and organizational needs as necessary.