TOR – Consultant To Conduct Research On The Trends And Prospects Of 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.

2.0 Background

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. Safeguarding constitutional gains in Kenya through PIL means using the platform as both a shield and a sword. It is important to only understand the context of Kenya, how to operate in it and answer the question emerging threats and opportunities

In this regard, AfriCOG and KPTJ are seeking the services of an expert in PIL and experienced researcher.

3.0 Objectives

The research consultant will undertake research into the trends and prospects of PIL in Kenya with a focus on the constitution.

Specific objectives

  • Mapping of PIL cases dealing with the constitution and its implementation since 2010
  • An critical assessment and evaluation of the trends of PIL with a focus on Kenya
  • Evaluation that details actionable prospects for PIL in Kenya in relation to the Constitution

4.0 Scope of work

The scope of the consultants work will include the development of a comprehensive report which will include, but not be limited to the following:

  • An outline of the types of cases that have been initiated since the promulgation of the constitution to date (focus on cases dealing with the constitution). The outline should result in a consolidated summary of the facts, the issues, the law, application, conclusion and/or status of each case.
  • Analysis of the trends in these cases including: the conduct/response from parties such as civil society, government, legal practitioners, international community; the adverse effects and challenges experienced by parties to the case, PIL actors and supporters; the impact and effect of the cases instituted on constitutional implementation, civil society, judiciary etc.
  • Evaluation of the outcomes of PIL cases and what happens post-litigation
  • Tracing of prospects for PIL cases from 2010 to date indicating where the prospects have resulted in action, where they have not.
  • Recommendations for viable prospects for PIL cases dealing with the constitution. This list should include a critical analysis as to why they should be pursued.
  • Recommendations for civil society following the findings of this research exercise.

5.0 Methodology

The research consultant will undertake this task through a desk review of relevant literature including 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 and constitutional implementation. Consultations and interviews with key stakeholders should be included.

6.0 Time frame

The assignment will take a maximum of 15 days.

 7.0 Deliverables

  • Mapped trends in PIL cases relating to the constitution and its implementation
  • Summarised PIL cases relating to the constitution and its implementation
  • Draft comprehensive report with the mapped trends and case summaries (20-30 pages)
  • Final comprehensive report with the mapped trends and case summaries (20-30 pages)
  • The consultant will make a presentation of the research and his/her findings at a place and date indicated by 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, advocacy or constitutional implementation in Kenya
  • In-depth knowledge and understanding of Public Interest Litigation in Kenya (knowledge and understanding of PIL in other jurisdictions is an advantage)
  • Must have good understanding of the legal, policy and institutional framework in Kenya
  • Strong communications skills (oral, written and presentation skills)
  • Proven experience in providing quality technical reports under tight deadlines

Application procedure:

Interested parties must submit the following documentation:

  1. A comprehensive curriculum vitae including three contactable references
  2. Examples of relevant past research
  3. A detailed technical proposal in accordance with the scope of work and deliverables provided for herein.
  4. Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs

Applications should be sent to copying by 5pm on Friday 15th May 2015