Consultancy – Gender Justice Expert, IDLO

ORGANIZATIONAL CONTEXT

The International Development Law Organization (IDLO) enables governments, empowers people, and strengthens institutions to realize justice and promote peace and sustainable development. IDLO is the only global intergovernmental organization exclusively devoted to promoting the rule of law and access to justice.

With its headquarters in Rome, Italy, a Branch Office in The Hague, and Permanent Observer Missions to the United Nations in New York and Geneva, IDLO carries out policy advocacy, research, and learning, as well as the rule of law and justice programmes in countries through some 17 Country Offices operating in every region of the world.

IDLO has a strong track record in supporting justice sector actors and institutions to enhance Kenya’s access to justice. IDLO’s work in the country began in 2009, supporting the Constitution’s development. The organization’s programmatic work has gradually expanded, and the current focus areas include access to justice, gender justice, commercial justice, and law reform. IDLO’s work in Kenya consists of strategic policy and legal review and development, institutional strengthening, targeted capacity building, and support to e-justice processes.

ABOUT KENYA JUDICIARY ACADEMY(KJA)

KJA was established in 2008 to provide judicial education for judges and magistrates. Since then, it has grown into a formidable institution in the Judiciary. Under the Constitution of Kenya, 2010, the Judicial Service Commission is responsible for preparing and implementing programmes for continuing education and training for judges and other judicial officers. KJA exercises this delegated mandate and is therefore responsible for meeting the training, research, and capacity development needs of Judiciary staff. KJA performs this mandate in part through various training programs and seminars, public lectures, research, and other forms of discourses targeting all cadres of Judiciary staff and where, appropriate, members of the academy and the public at large.

BACKGROUND 

Kenya is a signatory to numerous international and regional treaties that promote gender equality. The Constitution imposes a duty upon all state organs and public officers to address the needs of vulnerable groups within the society. It prohibits discrimination against any individual on grounds including gender and states that women and men have the right to equal treatment and opportunities. The state is further required to ensure access to justice for all persons. Within the context of a new Constitution, the Judiciary has interpreted its mandate proactively and thus commits to “deliberately reposition to play the crucial role of protecting the Constitution, fostering social and political stability and promoting socio-economic development. The Judiciary is grounded in the national values and principles as set out in Article 10(b) of the Constitution 2010; human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination, and the protection of the marginalized.

Article 27 of the Constitution’s Bill of Rights outlines Kenya’s commitment to equality, including the prohibition of discrimination. It provides guidance to the State on the implementation of equality measures, including the use of affirmative action measures to ensure gender diversity and the representation of marginalized groups. The principles of equality, equity, gender diversity, and inclusiveness are some of the national values and principles of governance that must be applied to all state functions. In addition, the Judiciary must also actively develop the common law in order to ensure that effect is given to the rights and fundamental freedoms outlined in the Bill of Rights and interpret them in a manner that promotes “the values that underlie an open and democratic society based on human dignity, equality, equity, and freedom.” Judicial reasoning should therefore be independent and impartial, in line with international human rights law, reach decisions on the basis of law and fact.

IDLO, in partnership with KJA, aims to engage a Gender Justice Expert at the Kenya Judiciary Academy to study commercial decisions rendered between 2018-2021 for gender responsiveness. The objective of the study is to strengthen the administration of gender equality principles in capacity-building initiatives on commercial justice at KJA. The results of this assessment will inform institutional strengthening on the administration of gender justice in commercial matters.

THE ASSIGNMENT

Under the supervision of IDLO Kenya and the KJA, the Gender Justice Expert will perform the following duties:

  • Conduct a Gender Analysis of commercial decisions from the CMCC and HCCC for gender biases in the resolution of disputes between 2018 and 2021.
  • Based on the findings and recommendations, identify and develop a realistic, feasible, and time-bound Capacity Development Strategy(ies) that can be implemented in the short and long term.

The Gender Analysis should measure the following;

  • The level of cognizant of the context whilst applying substantive law/ procedure.
  • The gender roles, responsibilities, and the accompanying assumptions are drawn in legal reasoning.
  • The extent of the use of “judicial discretion” as a key tool to ensure equal opportunity by judicial officers.
  • Inconsistencies (if any) on the application of gender equality and gender equity principles in commercial proceedings, including analysis of the dissenting opinions.
  • Gender-specific barriers and pathways to access to justice on commercial matters.
  • Nature of cases filed in selected commercial courts segregated by gender.

Produce an annotated outline, including

  • Identifying and creating a list of the main issues to be addressed, and
  • Including any questions for clarification prior to proceeding.

KEY DELIVERABLES

The Expert shall deliver the following outputs:

  1. An inception report that includes the Consultant’s understanding of the task and a proposed plan of action, with clear milestones, timelines, and proposed methodology (10 working days, from commencement day of assignment).
  2. Submission of the annotated outline by the 4th March 2022
  3. Submission of the draft gender analyses report by the 30th March 2022
  4. Conduct at least two validation forums with the Commercial Division on the preliminary findings of the survey by the 15th April 2022.
  5. Submit the final report by the 30th April 2022

METHODOLOGY  

The Expert will be responsible for preparing a detailed facilitative tool for the gender analysis in partnership with partners and IDLO. The tool will include the use of both quantitative and qualitative data collection, sampling of cases, and analysis methods.

IDEAL CANDIDATE PROFILE

The Expert will possess the following qualifications and experience;

  1. Hold a university degree in law or social/science with a bias in human rights, gender studies, or public policy.
  2. Demonstrated in-depth expertise in legal research, analysis, and writing, especially on issues relating to gender, law, and policy approaches.
  3. Sound knowledge of gender issues, the 2030 Agenda for Sustainable Development, especially SDGs 5 on Gender Equality and SDG 16 on Inclusive Peace and Justice Institutions, and the international and regional frameworks on gender equality, such as CEDAW, Maputo Protocol, and Beijing Declaration and Platform for Action. Knowledge of Kenyan law related to commercial justice would be an asset.
  4. Demonstrated experience in law gender-related research and analysis.
  5. Ability to work independently and flexibly to deliver the agreed outputs; and respond to feedback in a timely and professional manner.
  6. Proven extensive experience in drafting and editing reports and assessments.
  7. Possess excellent interpersonal and communication skills, including strong writing and presentation skills in the English language.
  8. High levels of integrity and ability to maintain confidentiality.

TERMS AND CONDITIONS

IDLO is an Equal Opportunity Employer and values diversity in all areas of its operations. We welcome applications of qualified and diverse candidates. IDLO is committed to achieving a 50/50 gender balance at all levels within its workforce. Female candidates are strongly encouraged to apply for IDLO vacancies.

IDLO does not tolerate sexual exploitation or abuse any kind of harassment, including harassment of a sexual nature or discrimination. As such, IDLO will conduct careful reference and background checks of all selected candidates as part of its selection process.

DISCLAIMER

The above statements are intended to describe the general nature and level of the work being performed by the employee 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 or change responsibilities and/or even cancel the recruitment without any notice to meet business and organizational needs as necessary.

All applications will be treated with the strictest confidentiality and compliance with IDLO’s policy on personal data protection.

To make the most effective use of resources, only the short-listed candidates will be contacted during the selection process.

The application deadline is 25th February 2022… https://www.impactpool.org/organizations/idlo-international-development-law-organization

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