Consultancy - Legislative Drafting Expert

THE ASSIGNMENT 

It is noted that even though the Judiciary has commenced the digitization process, various laws (especially procedural laws) were enacted with the manual system in mind, and hence may need to be amended to re-align them to the digitization process.  For instance, it may be necessary to amend the Civil Procedure Rules to specifically provide for e-filing and e-service.  In light of the foregoing context, IDLO and the Judiciary seek to recruit a legislative drafting expert to develop recommended package of legislative and regulatory forms to address emerging issues related to use of ICT, digitization and automation processes by the Judiciary.

The overall objective of the assignment is to put into place an enabling framework, through consultative engagements, that allows the Judiciary to rollout ICT and digitization initiatives in full compliance of the law, all while integrating initiatives to sensitize court users – including the legal fraternity.

Under the overall supervision and direction of the ICMS Committee and the Rules Committee of the Judiciary, and in consultation with the IDLO Kenya team, the Expert will:

• Conduct necessary legal research throughout this project, in coordination with the Judiciary and necessary stakeholders, to ensure that the work encompasses the breadth of necessary reforms.

• Review the developed inception report as guided by the Research. and submit: 

   1) A revised overview/conceptualization for carrying out the assignment is in line with the research analysis.

  2) Revised Mapping of legislative/regulatory/rules necessary for amendment, with legal analysis and indication of priorities, rationale and justification for the reform processes.

  3) Reviewed Mapping of necessary, recommended stakeholders for consultative process.

  4) Revised methodology for carrying out the assignment.

  5) Revised and updated Work plan for the assignment, including validation and finalization plans.

•  Attend and participate in necessary meetings with stakeholders on the assignment.

• Attend necessary stakeholder forums and validation workshops to capture the input presented on drafts; Compile all the input and views from the stakeholders and public participation forums.

• Maintain a record of various versions of the draft legislation/regulations/rules throughout the entire process.

• Prepare & submit draft and final versions of the draft legislation/regulations/rules to the ICMS Committee and the Rules Committee with forwarding note to OAG/DOJ.

• Perform such other duty as may be assigned in line with these TORs so as to ensure successful completion of the project.

IDEAL CANDIDATE PROFILE

Education

• Hold a Bachelor of Laws, Social Sciences Degree and post-graduate qualifications in Law. Must have professional training in legislative drafting.

Work experience

• Have at least 10 years of professional experience regarding rule of law and governance sector reforms – and within the field of legislative drafting and policy development. Drafting experience related to justice institutions will be an added advantage, especially as it pertains to guidelines and regulations.

Languages

•  Fluent oral and writing skills in English is required.

Technical competencies

• Strong understanding of the rule of law, including general familiarity with constitutional and institutional reforms in Kenya and/or the region/similarly placed jurisdictions.

• Knowledge and experience with government initiatives around ICT is highly desirable.

• Familiarity with the social, political and economic context in Kenya and/or the region/similarly placed jurisdictions. Experience in more than one country context is a significant advantage.

• A good understanding of the nature and needs of the Judiciary, so as to assist and develop improved systems and processes within such context.

• Possess strong work ethic characterized by desire to achieve results. Ability to multi-task in a high-pressure environment, respond rapidly to ad hoc requests, meet tight deadlines and ensure diplomacy and tact when engaging with prominent public figures. 

• Be computer savvy, able to navigate basic programs with proficiency and be able to utilise social media applications to aid her/his work.

•  Excellent interpersonal, diplomacy skills and communication skills.

• High levels of integrity and ability to maintain confidentiality.

DISCLAIMER 

The above statements are intended to describe the general nature and level of the work being performed by the staff member 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 and change responsibilities or even to cancel the recruitment to meet business and organizational needs as necessary.