Consultant to Develop Court Practice Direction for the Specialized Sexual and Gender-Based Violence Court – IDLO

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Overview & Responsibilities

BACKGROUND

Kenya has been at the forefront in the efforts to eliminate all forms of sexual and gender-based violence (SGBV), especially since the promulgation of the 2010 Constitution. Article 50 of the Constitution guarantees every Kenyan a right to a fair trial, which is also enshrined in regional and international laws. Kenya has put in place several policies, legal frameworks and guidelines to address SGBV and provide support to its survivors, including the National Policy for Prevention and Response to Gender-Based Violence (2014); and the National Monitoring and Evaluation Framework towards the Prevention of and Response to SGBV in Kenya (2016), which sets out indicators for the different sectors supposed to prevent and respond to sexual violence.

Due to the increased cases of SGBV in the country, with the majority of the victims reporting challenges in identifying safe spaces to seek redress. This issue is not only devastating for survivors of violence and their families but also entails significant social and economic costs. In engagements, particularly with women’s forums, it was evident that the current criminal justice system does not have the adequate capacity to deal with SGBV cases. The prolonged period of hearing and determination of the SGBV cases and justice system’s failure to safeguard the survivors of SGBV throughout the court proceedings aggravating the problem. As a result, the first specialised SGBV court was established in Shanzu Law Courts, with plans to expand the court across the country. There is a need to standardise services offered by the court to ensure uniformity in court processes, facilitate timely and efficient disposal of cases, and leverage technology in the court processes.

THE ASSIGNMENT

In this regard, the International Development Law Organization (IDLO) has partnered with the International Association of Women Judges- Kenya Chapter (IAWJ Kenya Chapter) to support the Judiciary to engage a consultant to develop court practice direction for the Specialized SGBV Court. The practice direction will be used to standardize the Specialized SGBV Court processes for enhanced access to justice, timely and efficient disposal of cases, ensure uniformity in court experience, and promote the use of technology in court proceedings.

The Consultant’s duties and responsibilities will include:

  • Inception meeting with the Judiciary, IAWJ Kenya Chapter and IDLO to discuss the TORs and scope of the assignment, methodology, and expectations, and develop an inception report demonstrating an understanding of the assignment.
  • Undertake a robust desk research of the ideal and best practices in the management of SGBV cases regionally and internationally.
  • Conduct wider stakeholder consultations and engagement during the process of developing the court practice directions, including the review of the national, regional, and international regulatory frameworks on the management of SGBV.
  • Informed by the findings of the assessment, develop Specialized SGBV court practice directions, integrating the victims-centered approach.
  • Integrate the principles of equality and non-discrimination into court practice directions developed.
  • Present the draft Specialized SGBV court practice directions in stakeholder consultative meetings for feedback.
  • Consider and incorporate feedback from stakeholder consultations into the final Court Practice Directions, and present the same during the validation and launch.
  • Refine and submit the final Specialized SGBV court practice and directions to Judiciary, IAWJ Kenya Chapter and IDLO.

DELIVERABLES

  1. An Inception Report detailing the understanding of the assignment, methodology, timelines, work plan, potential risks, and mitigation measures.
  2. A Specialized SGBV courts Best Practices Assessment Report on the investigation, prosecution and determination of SGBV cases.
  3. A Court Practice Directions for the Specialized SGBV Courts, presented in a publication format.
  4. An Assignment Completion Report and sources of information relied upon.

DURATION

The consultancy contracts will run for three months, from December 2022 to May 2023.

Job Requirements

IDEAL CANDIDATE PROFILE

 The Consultant should have the following skills, qualifications, and experience:

Education

  • Bachelor’s Degree in Law from a university recognized in Kenya.
  • Advocate of the High Court of Kenya.
  • A master’s degree in any of the above fields is an added advantage.

Work experience

  • A minimum of 10-15 years of professional experience in access to justice, criminal justice investigation and prosecution.
  • Demonstrable understanding of the nuanced nature of SGBV.
  • Demonstrated experience in criminal justice and penal reforms.
  • Demonstrated skills and experience delivering on similar assignments.
  • Sound knowledge of ongoing criminal justice reforms in the justice sector.
  • Demonstrable experience in legal drafting or curriculum development 

Technical competencies

  • Demonstrated legal analysis, research and writing skills, including proof of writing.
  • Development of manual experience is also necessary
  • Excellent organizational, interpersonal, and communication skills.
  • Excellent work ethic founded on the principles of integrity and confidentiality.
  • Proficiency with Microsoft Office programs and other relevant computer applications.

Terms & 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 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 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.

Application closing date:15th December 2022

DISCLAIMER
The above statements are intended to describe the general nature and level of the work being performed by the employee/consultant/intern 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 consultancy opportunity to meet business and organizational needs as necessary. All applications will be treated with the strictest confidentiality and in compliance with IDLO’s policy on personal data protection.

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