CONSULTANT TO CONDUCT RESEARCH AND DEVELOP GUIDELINES FOR PUBLIC INTEREST LITIGATION IN KENYA
1.0 Who we are
Kenyans for Peace with Truth and Justice (KPTJ) is a coalition of thirty legal, human rights and democracy NGOs and individuals convened in the immediate aftermath of the 2007 post-election violence to seek truth and justice about the failed elections and the violence that followed. Since 2008, KPTJ has worked on issues of accountability, constitutional implementation and institutional reforms through research, advocacy and litigation. KPTJ’s secretariat is based at the Africa Centre for Open Governance (AfriCOG).
The Africa Centre for Open Governance (AfriCOG) is an independent, non-profit organisation that provides cutting edge research and monitoring on governance and public ethics issues in both public and private sectors so as to address the structural causes of the crisis of governance in the country. The overall objectives of our programme activities are: to strengthen anti-corruption and good governance in Kenya with objective, high-quality research and advocacy; and to build Kenya’s capacity to be permanently vigilant and monitor progress on governance issues in the public and private sectors as well as electoral reform in Kenya. Our reports, policy briefs and overall work add value to anti-corruption and governance reform processes in Kenya by stimulating policy discussion and supporting evidence-based advocacy and mobilisation work of our partners.
The constitution, promulgated in 2010, made manifest the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law. The people of Kenya, gave a new foundational law to themselves and to their future generations. Devolution of power, land reform, new standards for leadership and integrity and a comprehensive Bill of Rights were among the hallmarks of the Constitution.
Since the promulgation of the constitution of Kenya, Kenyans have embarked on a journey of building constitutionalism. The constitution is one that needs continued nurturing by courageous and far-sighted citizens, activists, lawyers and judges through a number of strategies including Public Interest Litigation (PIL). According to the constitution, power vests in the people and must be exercised in accordance with the constitution. Therefore, powerful opportunities can be found in support of the ethos of constitutionalism through PIL. PIL can make ineffective any efforts to undermine the constitution whether through deliberate or benign inactivity or outright attacks.
It is important have an overview of the landscape in which we are working, and to take steps to develop a viable legal framework in which to operate. Currently, Kenya does not have a legal framework which specifically guides PIL matters at the judiciary. In this regard, AfriCOG and KPTJ are seeking the services of an expert in PIL and experienced researcher to develop PIL guidelines/practice notes adoptable by the judiciary of Kenya.
The consultant will undertake research and the development of practice notes for PIL in Kenya
a) To develop a comprehensive report which addresses the existing gap with regards to guidelines on PIL matters by undertaking an analysis of guidelines, procedure, rules and/or practice notes used for PIL in common law jurisdictions with a special focus on, but not limited to, the USA, India, South Africa and the East African region. The report should critically analyse international best practices for PIL and PIL practice in the Kenyan context (court rules and procedure) as well as provide conclusions and recommendations relevant to the Kenyan judicial system (legal and institutional framework).
b) To develop PIL guidelines/ practice notes adoptable by the judiciary of Kenya
4.0 Scope of work
The scope of the consultants work will include
a) The development of a comprehensive report which will include, but not be limited to the following:
- Analysis of PIL framework in Kenya identifying gaps and areas of improvement (court rules and procedure)
- A brief background analysis of PIL guidelines, procedure, rules and/or practice notes that are used in common law jurisdictions with a special focus on the USA, India, South Africa and the East Africa region identifying relevant issues pertinent to the Kenyan context including how they were developed and adopted by the various jurisdictions
- Analysis of the pros and cons of the PIL guidelines, procedure, rules and/or practice notes used in the various jurisdictions and international best practices
- Conclusions and recommendations drawn from the above PIL research and analyses, relevant to the Kenyan judicial system (legal and institutional framework)
b) Development of comprehensive PIL guidelines/ practice notes for Kenya based on (1) which can be adopted by the judiciary
The research consultant will undertake this task through a desk review of relevant literature including foreign law, international law, the Constitution of Kenya, policy documents, reports, media reports and other publications from government, private sector, civil society and academia/policy think tanks on PIL. Consultations and interviews with key stakeholders shall be included.
6.0 Time frame
The assignment will take a maximum of 15 days.
- Draft comprehensive report (20-30 pages)
- Draft PIL guidelines/ practice notes
- The consultant will make a presentation of the research and the PIL guidelines/ practice notes at a place and date indicated by KPTJ and AfriCOG.
- Final comprehensive report incorporating feedback from the presentation to KPTJ and AfriCOG (20-30 pages)
- Final PIL guidelines/ practice notes incorporating feedback from the presentation to KPTJ and AfriCOG
8.0 Profile and Experience of Consultant:
Candidates for this consultancy should possess the following minimum qualifications:
- A degree in law, public policy, social sciences or any other relevant field (a masters or higher is preferable)
- 5-10 years research experience in law, social justice and any other relevant area
- At least 5 or more years’ work experience in the field of public interest litigation and advocacy
- In-depth knowledge and understanding of the Kenyan legal and institutional framework
- Must have good understanding of the legal, policy and institutional framework in other common law jurisdictions (USA, India, South Africa)
- Strong communications skills (oral, written and presentation skills)
- Proven experience in providing quality technical reports under tight deadlines
Interested parties must submit the following documentation:
- A comprehensive curriculum vitae including three contactable references
- Examples of relevant past research
- A detailed technical proposal in accordance with the scope of work and deliverables provided for herein.
- Financial Proposal that indicates the all-inclusive fixed total contract price. Where daily rates are indicated, the Consultant should also provide recent evidence of previous work done at comparable rates.