TOR – Consultant To Conduct Training On Public Interest Litigation (PIL) For Civil Society

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. Civil society plays and integral role in all aspects of PIL.

Therefore, AfriCOG and KPTJ are seeking the services of an expert in PIL to undertake the training of lawyers on 21st and 22nd May in Nairobi. The trainer will use our guidebook A guide to Public Interest Litigation in Kenya and the programme topics below to conduct a training workshop. The training will take place from 9am to 5pm on the aforementioned dates.

3.0 Scope of work
Under the general direction and supervision of AfriCOG and KPTJ, the consultant will offer training services which include but are not limited to the following:
1. Develop your own interactive format to successfully conduct training on PIL based on the guidebook and the following programme topics:

1.1 What is Public Interest Litigation (PIL)?
a) Origins and development of PIL
b) Development of PIL in Kenya

1.2 How has civil society used PIL?
a) Examining PIL cases in other jurisdictions
b) Examining PIL cases in Kenya (the constitution)

1.3 When and why should civil society use PIL?

1.4 Understanding the limitation of PIL
a) Systemic issues in the Kenyan Justice sector
b) The proper role of our courts
c) Integration of PIL with other advocacy approaches

1.5 Adverse effects and challenges of engaging in PIL
a) Overview of Kenyan context
b) Lessons and strategies

1.6 Current public interest issues relating to the constitution
a) Current cases

2. Recommendations for the guidebook based on your own assessment and those that emerge in the training

4.0 Time frame
The assignment will be undertaken on Thursday 21st and Friday 22nd May 2015 with the final report expected 7 days after assignment date.

5.0 Deliverables
a) Present to AfriCOG and KPTJ the proposed methodology for conducting the training for approval.
b) Conduct training based on agreed specifications
c) A report which assesses the training and provides future insight

6.0 Profile and Experience of Consultant:
Candidates for this consultancy should possess the following minimum qualifications:

a) A degree in law, public policy, social sciences or any other relevant field
b) 2-3 years’ experience in conducting training
c) At least 5 or more years’ work experience in public interest litigation, advocacy or constitutional implementation in Kenya
d) In-depth knowledge and understanding of Public Interest Litigation in Kenya and other jurisdictions
e) Must have good understanding of the legal, policy and institutional framework in Kenya
f) Strong communications skills (oral, written and presentation skills)
g) Proven ability to work reliably under tight deadlines

Application procedure: The applications must be sent to by 13th May 2015