Consultancy Services for The Development Of The National Alternative Dispute Resolution Policy

ABOUT IDLO

International Development Law Organization (IDLO) is an intergovernmental organization exclusively devoted to promoting the rule of law. IDLO Kenya has been providing critical support to the Judiciary since 2011 towards the implementation of the Judiciary Transformation Framework, the Strategic Plan 2014-2018, as well as the Sustaining Judiciary Transformation: A Service Delivery Agenda (2017-2021). 

ABOUT THE NATIONAL STEERING COMMITTEE FOR FORMULATION OF THE ALTERNATIVE DISPUTE RESOLUTION POLICY (‘STEERING COMMITTEE’)

Pursuant to the Gazette Notice Number 678 dated 31st January 2020 appointing the National Steering Committee for Formulation of the Alternative Dispute Resolution Policy (‘Steering Committee’) and the subsequent Gazette Notice Number 4581 dated 10th July 2020, the Steering Committee is mandated to provide guidance and oversee the process for formulation of a national policy institutional framework on alternative dispute resolution, propose appropriate reforms to the legal and institutional framework for alternative dispute resolution as well as propose appropriate amendments to legal instruments with a view to harmonizing the practices, standards for accreditation, training and provision of alternative dispute resolution services.

BACKGROUND

The Steering Committee seeks to recruit a Consultant to finalize validation of the draft national ADR policy and propose the relevant legislative law review and drafting for ADR in Kenya. Under the overall supervision and direction of the Steering Committee and in consultation with the IDLO Kenya team. 

THE CONSULTANCY

The Consultant’s assignment will be to: 

• Provide advice to the Steering Committee on the Validated Draft Policy to include:
• Correlation between the baseline report and Validated Draft ADR Policy.
• Identifying policy and legislative review requirements from the baseline report and the Validated Draft ADR Policy.
• Identifying national laws, policies, and regulations for revision as recommended in the baseline report and the Validated Draft ADR Policy.
• Incorporation of additional expert and stakeholder input to the final Draft ADR Policy proposal. 
• Revise and update the stakeholder mapping report on ADR.
• Draft proposed legislation/rules/regulations as recommended by the Policy.
• Develop a 1-year national action plan for the final Draft ADR Policy proposal, and resultant legislation, rules, and regulations.
• Identify and propose amendments to existing national laws, rules, and regulations to align them with policy recommendations.
• Undertake desktop research and engagement with experts in the sector and other stakeholders to inform legislative design.
• Submit a comprehensive report on the final Draft ADR Policy proposal including recommendations for action, and necessary legal and policy reforms.
• Final technical report for IDLO- documenting all the support provided within the contracted period (the implementation of the TORs: key results realized, perceived impact of the project, challenges faced and recommendations to IDLO and the Steering Committee.)
• Perform such other incidental tasks as may be assigned in line with the project via the Steering Committee and IDLO. 

DURATION 

• The duration for the consultancy services for the ADR Policy Consultant will be for an initial period of 3 months.

IDEAL CANDIDATE PROFILE

Education

• Hold a Bachelor of Laws Degree (or other relevant qualification in the social sciences)
• Hold a post-graduate degree in a relevant field. 
• Hold certification on legal drafting.

Work experience

• Have at least 10-15 years of professional experience regarding rule of law and governance sector reforms.

Languages

• Fluent oral and writing skills in English are required.

Technical competencies

• Be qualified as a legal drafting expert with demonstrable experience in drafting post-2010.
• Qualified as an ADR practitioner.
• Demonstrable experience in national policy development.
• Must possess a strong understanding of alternative dispute resolution and have demonstrated experience in legislative drafting/research.
• Experience in legal research, analysis, and writing, particularly in the field of ADR and AJS. 
• Experience and administration in areas related to judicial reforms is an added advantage.
• Experience with different ADR practices, especially in international jurisdictions. 
• 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, especially comparative jurisdictions.
• Possess a strong work ethic characterized by the 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 stakeholders.
• Strong problem-solving skills, with a high degree of a personal and professional organization.
• Be computer savvy, able to navigate basic programs with proficiency, and be able to utilize social media applications to aid her/his work.

DISCLAIMER AND CLOSING DATE 

The above statements are intended to describe the general nature and level of the work being performed by the Consultant assigned to this work. This may not be an exhaustive list of all duties and responsibilities. 

The closing date for applications will be close of business on 22nd October 2020.