Legislative Drafting Expert for the Bail and Bond Bill, 2019
SCOPE OF THE WORK
Historically, the application of bail and bond has been visited by a set of challenges. There have been inconsistencies and mystery surrounding the application of bail and bond terms both at the police stations and the courts. Furthermore, there has been an outcry over the congestion of prisons facilities by pre-trial detainees. It is against this backdrop that the Hon. Chief Justice (Rtd.) Willy Mutunga appointed an eight-member Task Force, vide Gazette Notice 3585 dated 30 May 2014. The Task Force was tasked with inter alia developing a National Bail and Bond Policy to guide police and judicial officers on the application of laws that provide for bail and bond as well as make appropriate recommendations. The Task Force completed its mandate, and presented the Bail and Bond Policy Guidelines (“the Guidelines”) to the Honourable the Chief Justice at a launch held on the 20th March 2015.
The National Council on the Administration of Justice (NCAJ)is a multi-sectoral high level policy making, implementation and oversight coordinating mechanism established under section 34 of the judicial service act (No 1 of 2011), and charged with the overall mandate of ensuring a coordinated, effective, efficient and consultative approach in the administration of justice and reform of the justice system. The National Council on the Administration of Justice in its fifteenth meeting resolved that a multi-sectoral committee be established to steer the implementation of the Guidelines and the recommendations of the Task Force on bail and bond. The Bail and Bond Implementation Committee (“the Committee”) was appointed by the Hon. Chief Justice through Gazette Notice No 7480 dated 9th October 2015, with the appointment taking effect from 2nd July 2015. The Committee’s general mandate is to, ‘ensure application of appropriate bail and bond policy measures in accordance with the Bail and Bond Policy Guidelines and the Recommendations of the Report of the Taskforce on Bail and Bond’.
The Committee inaugurated by the Hon. the Deputy Chief Justice Lady Justice (Rtd) Kalpana Rawal on the 2nd July 2015 has since held several meetings and drawn a work plan and implementation strategy. As part of its work plan of activities, and in line with its terms of reference, the Committee intends to develop a Bail and Bond draft bill, and relevant regulations and practice directions in line with the Bail and Bond Policy Guidelines and recommendations of the Task Force on Bail and Bond. It is against this backdrop that the Bail and Bond Implementation Committee under the National Council on Administration of Justice (NCAJ) in partnership with IDLO seek consultancy services of a Legislative Drafting Expert to develop an appropriate bail and bond legal framework for Kenya. In particular: develop a draft Bill on bail and bond; and develop draft Regulations to operationalize the Bill once it is enacted.
The Legislative Drafting Expert’s duties and responsibilities will include:
- Evaluate existent legal framework including internal rules governing various actors such as National Police Service Standing Orders, identifying areas of convergence, gaps and inconsistencies.
- Provide expert technical advice to the Committee on best practices in bail and bond legislation and implementation.
- Liaise with relevant agencies and bodies concerned in the law reform including the Kenya Law Reform Commission and the Office of the Attorney General.
- Develop draft legislation in line with the Bail and Bond Policy Guidelines and Recommendations of the Taskforce on Bail and Bond in accordance with the recommendations of the Bail and Bond Implementation Committee. These proposals should be in modern day legislative drafting practices.
- Work closely with the Chairperson of the Committee, the secretariat and other experts to ensure that any gaps or concerns in both practice and law are properly captured and addressed in the draft legislation.
- Present the draft legislation at stakeholder and validation meetings as required.
The Consultant shall:
- Within three (3) days of commencement of the engagement, submit a proposed inception report detailing the consultant’s understanding of the Terms of Reference and the strategy towards accomplishing them.
- Hold an initial meeting with the relevant subcommittee to discuss and agree on the scope of the assignment.
- Within thirty (30) working days of receipt of the instruction, submit to the sub-Committee the initial drafts of the draft legislation.
- Present the draft legislation at two (2) retreats, two (2) stakeholders’ engagements and one (1) validation meeting as agreed to by the Committee.
- The finalised documents are subject to the approval of the relevant sub-committee and the Chairperson of the Committee.
- The Consultant shall provide electronic copies of all the finalised works to the Secretariat upon completion of the assignment.
- Within five (5) days, edit and revise the work as required and submit the revised drafts to the sub-Committee.
DURATION OF THE ASSIGNMENT
Within sixty (60) days from date of engagement subject to any validation meetings past this date.
IDEAL CANDIDATE PROFILE
The Consultant(s) should have the following skills, qualification and experience:
- Hold a Bachelor’s Degree in Law and a post-graduate Degree in a relevant area of law from a university recognised in Kenya
- A certificate of at least three (3) weeks training in legislative drafting.
- An advocate of the High Court with at least ten (10) years post-admission experience.
- Have a minimum of 7-10 years’ experience in legal research, analysis and writing, especially on issues relating to law, gender, family law and policy development.
- Experience as a parliamentary drafter in a Commonwealth jurisdiction will be an added advantage.
- A sound knowledge of the practical workings of the Kenyan criminal justice system or other Commonwealth countries.
Fluent oral and writing skills in English is required.
- Have excellent interpersonal, presentation and communication skills.
- Ability to work under pressure and deliver within the stipulated timelines.
- Have strong work ethic characterized by desire to achieve results, ability to respond rapidly to ad hoc requests, have Strong problem- solving skills with a high degree of personal and professional organization;
- Ability to multi-task in a high pressure environment, and be diplomatic and tactful when engaging with prominent public figures;
- Ability to work independently and flexibly to deliver the agreed outputs and respond to feedback in a timely and professional manner;
- Computer savvy, able to navigate necessary programs with proficiency;
- Have excellent interpersonal and communication skills, including strong writing and presentation skills in the English language; and
- High levels of integrity and ability to maintain confidentiality.
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.