SHORT TERM CONSULTANCY TO CONDUCT NEEDS ASSESSMENT FOR LEGISLATIVE DRAFTERS

Background 

In 2010 Kenya adopted a new progressive, rights-based constitution, which provided the legal framework for the government to respect, promote and fulfill basic rights, and for marginalized and vulnerable groups, especially women and children, to claim their rights. This impetus became stronger after the adoption of the 2030 Agenda for Sustainable Development in September 2015. Following the promulgation of the 2010 Constitution of Kenya, significant progress has been made in improving the administrative, institutional, legal, and policy frameworks towards gender equality and women’s empowerment. 

Several reviews have been conducted of the existing laws, including a recent legal assessment carried out by IDLO and UN Women. The legal assessment noted that: “Kenya’s progressive Constitution affords women and girls vast protections in as far as equality and empowerment is concerned. However, the gap between the existing provisions of the Constitution and the implementation of the available legislative framework remains a huge obstacle to the enjoyment of these rights on the ground. While the country has a generous legal framework on the protection of women in the various fields, there are many discriminatory legal provisions, inconsistencies, and tensions in the laws, and gaps that are expressly or indirectly discriminatory against women exist in legal frameworks governing family and marriage; sexual and gender-based violence; economic empowerment of women; women’s political empowerment and nationality and citizenships.

The assessment highlighted that statutory, customary, and religious law contains provisions that directly or indirectly discriminate against women, including on matters related to family and marriage, sexual and reproductive health, and participation in the economy. For instance, the Constitution, various legislation, and various customary and religious laws contain provisions directly or indirectly discriminatory against women around family and marriage.  There are also policy and programme gaps that undermine women's economic empowerment occasioning discriminatory outcomes. On gender-based violence (GBV), several statutory laws contain provisions that discriminate against women or contain gaps that occasion discriminatory outcomes around GBV. There are key gaps in the law and policies that hinder women's participation in the political and decision-making arena. 

Building on the joint legal assessment by IDLO and UNWOMEN, additional support is required to ensure that institutions such as the Office of the Attorney General (OAG) and Kenya law Reform Commission (KLRC) tasked with advising and supervising legislative review processes, use the information gained through these analyses to spearhead the review/repeal of relevant discriminatory laws against women and girls in Kenya.   

The Assignment 

Under the supervision of IDLO Kenya Country Manager, and focal points in partners institution, the Expert will perform the following duties: 

• Conduct a capacity assessment of legislative drafters in the Office of the Attorney General, Kenya Law Reform Commission, and Parliament to identify current capacity and gaps in developing gender-responsive laws and policies;
• Based on the capacity assessment findings and recommendations, identify and develop a realistic, feasible, and time-bound Capacity Development Strategies that can be implemented short and long term.

Needs assessment and development of strategy 

The needs assessment should measure the following: 

• Carry out a gap analysis on the structures, mandate, personnel, and funding, relevant to the effective drafting targeting partner institutions. 
• Conduct an in-depth assessment of the capacity of the drafters and identify capacity gaps in generating gender-responsive laws with a human rights perspective.
• Determine the level of gender awareness and capacity for gender analysis among responsible drafters
• Assess the capacity of OAG and KLRC to monitor gender mainstreaming in-laws and regulations 

Based on the results of the needs assessment, the Expert will develop and propose a capacity development strategy and plan. 

Timeframe   

The needs assessment will take place from May and June 2021. The consultant will submit a work plan and specific dates will be agreed at the beginning of the consultancy.  

Deliverables  

Under the supervision of the Country Manager, the Expert is expected to perform the following duties: 

 

Deliverable	Due date
An inception report detailing the understanding of the terms of reference and a proposed research plan, to be discussed with IDLO.	June 2021
Develop tools for data collection to be used for the baseline survey and the needs assessment, to be reviewed and discussed with IDLO.	June 2021
Conduct needs assessment	June 2021
Draft and submit a draft report of the need’s assessment, outlining key findings and recommendations, for IDLO review and approval	June-15th July 2021
Based on the results of the needs assessment, and in coordination with IDLO’s Capacity Development Unit develop the training strategy	July 2021

 Ideal Candidate Profile 

• Masters’ degree in social sciences (Gender, Law, Governance or another relevant field).  
• Excellent knowledge of the international and Kenyan human rights and gender framework. 
• Excellent knowledge and a minimum of 7 years of professional experience in research related to access to justice, including familiarity with customary and informal justice systems. 
• Minimum of 7 years of professional experience in conducting research and/or baseline assessments in human rights and gender programming and development. 
• Demonstrated skills and experience in delivering training to customary and informal justice sector actors in Kenya.  
• Proven experience in using qualitative and quantitative research methods. 
• Excellent writing skills in English. 
• Capacity to work with a multi-disciplinary team, including coordinating technical input into research work 
• Ability to work rapidly, both in person and remotely, with team members in various locations. 
• Experience in working with governments and/or international organizations, especially on research and monitoring. 
• Ability to respond to comments and questions in a timely, appropriate manner.  

 How to Apply 

Consultants who meet the requirements should submit a maximum of 5 pages of expression of interest, which should include the following: 

• Updated curriculum vitae of the consultant that clearly spells out qualifications and experience.  
• A brief statement on the proposed study methodology, including a draft work plan. 

TERMS AND CONDITIONS

Applications will be screened on regular basis; a qualified applicant might be recruited before the deadline. In the interest of making the most effective use of resources, only the short-listed candidates will be contacted during the selection process.

IDLO is an Equal Opportunity Employer and values diversity in all areas of its operations. We welcome and strongly encourage qualified female and diverse applications to our positions.

DISCLAIMER 

The above statements are intended to describe the general nature and level of the work being performed by the Contractor assigned to this work. This may not be 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.