Consultancy - Technical Legislative Advisor
The Judiciary is an independent, impartial, transparent and accountable institution anchored under Article 159 of the Constitution. Its mission is to deliver justice fairly, impartially and expeditiously, promote equal access to justice, and advance local jurisprudence by upholding the rule of law. The Judicial Service Act, 2011, governs the administration of the Judiciary as well as its functions. Towards effective service delivery, the Judiciary has been contending with huge backlog of cases. The 2016-2017 Status of the Judiciary & Administration of Justice Annual Report(SOJAR) indicated that at the end of 2016 there were 533,350 pending cases in the whole of the Judiciary. The pending cases represented an increase of 7% from the previous financial year. To address backlog of cases, and in line with Article 159(2)(c) of the Constitution, as well as Pillar One of the Judiciary Transformation Framework (JTF) 2012-2016, since April 2016 the Judiciary is implementing the court-annexed mediation project (CAMP) at the Milimani Law Courts in Nairobi, within both the Family and Commercial divisions. After a yearlong pilot, and comprehensive assessment, it is now a permanent programme in these divisions, with ongoing replication countrywide. As a result of this project, The SOJAR 2017/2018 report indicated that in January 2017 there were 170,186 cases older than five years still pending in front of the Judiciary and that at the end of 2018, this number was brought down to 102,773 (-39,6%).
In February 2015, the Chief Justice of the Republic of Kenya appointed the Mediation Accreditation Committee (MAC), with the mandate to develop mediation pilot rules, accredit mediators, develop a register of mediators and enforce code of conduct governing mediators. MAC developed Mediation (Pilot Project) Rules, which were gazetted by the Chief Justice on 9th October 2015, and commenced the process of accrediting mediators with the view to develop a register of mediators. Achievements of the project to-date include: (i) the development of mediation pilot rules; (ii) the operationalization of the Mediation Accreditation Committee (MAC); (iii) the compilation of a register of accredited mediators; (iv) the development of accreditation standards by the MAC; (v) the identification of mediation premises; and (vi) the replication of court annexed mediation in 10 High Court Stations across the country.
An external end-pilot evaluation identified the CAMP’s strengths and weaknesses. It provided a comprehensive set of recommendations for taking mediation forward, which includes the establishment of an Alternative Dispute Resolution (ADR) Taskforce and a robust legal framework. To implement these recommendations, the Judiciary has requested IDLO’s technical support thorugh the recruitment of a short term Technical Advisor (TA) to support the development of all intended legal frameworks for ADR in Kenya.
The main duties of the TA and responsibilities are as follows:
- Advice and assist the ADR Taskforce and NCIA on strategic, operational and technical issues of ADR policy formulation and legislative drafting process.
- Assist in the elaboration and development of ADR policy and legislative drafting roadmap, consultation paper, work plan and their implementation and monitoring.
- Assist the ADR Taskforce and NCIA in the definition of the activities to be undertaken in ADR policy formulation and legislative drafting process, ensuring that they are adequately reflected in the roadmap, work plan and well-coordinated with all stakeholders.
- Assist the ADR Taskforce and NCIA on the elaboration of technical and policy reports on ADR policy formulation and legislative drafting process.
- Assist the ADR Taskforce and NCIA in quality assurance procedures, providing technical input on ADR policy formulation and legislative drafting process when required and making recommendations for the improvement of technical processes.
- Assist the ADR Taskforce and NCIA in identifying, mobilizing technical support from the Stakeholders.
- Maintain and strengthen the connections and technical dialogue between ADR Taskforce, NCIA, Kenya Law Reform Commission, the Office of the Attorney General and Department of Justice, the National Assembly and Senate and proactively seek to promote concrete collaborations during the exercise;
- Assist ADR Taskforce and NCIA in participating in Stakeholders consultations and discussions through compiling policy briefs upon requests.
- Assist the Legislative Drafting Team and Policy Formulation Team in their Task including development of policy memorandum, consultation paper and legislative drafting instructions.
- Participate in necessary technical meetings with ADR Taskforce and NCIA.
IDEAL CANDIDATE PROFILE
- Hold a Bachelor of Laws, Social Sciences Degree and post-graduate qualifications in Law and/or relevant fields. Must have professional training in legislative drafting. Must possess strong understanding of alternative dispute resolution, including mediation methodologies.
- 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 asset, especially if it pertains to guidelines and regulations. Minimum of 5-10 years of experience in the area of mediation, preferably in mediation training and practices.
Specific Technical & Behavioral Competencies
- Internationally accredited and experienced mediator; experience with different mediation practices and mediation in international jurisdictions.
- 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.
- Good understanding of the nature and needs of the Judiciary, so as to assist and develop improved systems and processes within such context.
- Strong and problem solving skills;ability to multi-task in a high pressure environment, and remain diplomatic when engaging with government agencies
- Ability to work independently and flexibly to deliver the agreed outputs and respond to feedback in a timely and professional manner;
- Excellent interpersonal and communication skills, including strong writing and presentation skills in the English language; and
- Keen sense of ethics, integrity and commitment to IDLO’s mandateTechnical competencies
- Proficiency in Microsoft Word, Excel and PowerPoint and ability to navigate basic programs with proficiency and to utilise social media applications to aid her/his work.
TERMS AND CONDITIONS
The Services will be performed in the Republic of Kenya. The estimated start date for this assignment is 8 April, 2019. The latest date for completion of the primary deliverables, shall be 15 September, 2019.
All interested applicants are requested to submit a resume and cover letter
DISCLAIMER AND CLOSING DATE
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.