BACKGROUND

International Development Law Organization (IDLO) is the only intergovernmental organization exclusively devoted to promoting the rule of law. IDLO works to enable governments and empower people to reform laws and strengthen institutions to promote peace, justice, sustainable development, and economic opportunity. Currently, IDLO is providing institutional strengthening support to the Judiciary, National Council on Administration of Justice (NCAJ), Office of the Attorney General and Department of Justice, the Kenya Law Reform Commission, the Council of Governors, the Kenya National Commission on Human Rights (KNCHR), the National Gender and Equality Commission(NGEC), the State Department of Gender among others, to implement the Constitution of Kenya by way of strategic policy development, critical legislative review, expert technical advice, institutional strengthening, and capacity building. 

The Kenyan Judiciary is an independent, impartial, transparent and accountable institution anchored under Article 159 of the Constitution. It derives its authority from the people of Kenya, and it is bound by the National Values and Principles of Governance as enshrined in Article 10. 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 2011 Judicial Service Act governs the administration of the Judiciary as well as its functions. One of the Kenyan Judiciary’s vehicles for developing ADR is its Court Annexed Mediation Programme (CAM). 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 a code of conduct governing mediators. MAC developed Mediation (Pilot Project) Rules that were gazetted by the Chief Justice on 9th October 2015, and currently guides the registration and accreditation of CAM mediators. MAC works hand-in-hand with the Mediation Taskforce and CAM Secretariat toward implementation of CAM, which since it was piloted in two court stations in 2016 (Family and Commercial Divisions of the High Court) and replicated in twelve (12) High court stations by December 2019.

THE ASSIGNMENT

The CAM Secretariat, MAC, and the Mediation Taskforce, in collaboration with IDLO, seek to engage 14 mediation clerks to support the replication of CAM in Nairobi and replication court stations. This will be done as follows:

  • Two mediation clerks to support data entry of accredited mediators’ information into the Cadaster platform for better data management and monitoring of CAM mediators.
  • Two mediation clerks to support the CAM Mediation Secretariat in Nairobi.
  • Ten mediation clerks to support replication of CAM in the; (i) Environment and Land Court in Kajiado; (ii) Employment and Labour Relations Court in Nairobi;(iii) Kibera Law Courts; (iv) Makadara Law Courts; (v) Civil Division of the High Court in Nairobi; (vi)  Children’s Court in Nairobi; (vii) Family Division in Kisumu; (viii) High Courts in Kisumu; (ix) Kisii Law Courts; (x) Kakamega Law Courts; (xi) Mombasa Law Courts; and (xii) Nyeri Law Courts. 

Each of the mediation clerk’s  duties and responsibilities will be as follows:

  1. Work with the CAM Secretariat, Mediation Taskforce, and MAC staff to ensure timely and seamless data entry and coding for better information management on CAM mediators and services. 
  2. Support the mediation registries to establish structures and systems for successful operationalization of CAM in the replication stations.  
  3. Organize, communicate and manage knowledge and information resources allocated to CAM and advise the mediation DRs on the acquisition of such resources.
  4. Support key administrative roles including (i) screening of CAM files; (ii) organizing, storing, and retrieving CAM files on request; (iii) scheduling meetings; (iv) developing bi-monthly structured reports to the mediation Deputy Registrars for timely tracking of CAM matters; and (v) 
  5. Monitor the CAM Secretariat information desks in the replication stations, as liaison persons collecting or providing basic information from and to mediators, court users, and relevant stakeholders. 
  6. Develop and submit newsletter-style articles about the CAM that highlight the successes and impact of CAM on a monthly basis.
  7. Perform any other  duties as assigned by the Mediation Deputy Registrars to ensure
  8. Successful operationalization of CAM in the replication stations. 

DELIVERABLES

Each of the mediation clerks will deliver the following:

  1. Carry out an inception meeting with the CAM Secretariat, Mediation Taskforce, MAC and IDLO, to unpark the TORs and discuss the scope of the assignment, methodology, expectations, and outcomes.
  2. An inception report detailing the understanding of the terms of reference and a proposed plan of action, with clear milestones and timelines.
  3. Monthly Progress Reports in the IDLO’s reporting template, documenting support provided, key results realized, and the expected deliverables for the subsequent month, to be submitted by the 25th of every month.
  4. Monthly mediation analysis reports of the data and information entered into the CAM online platforms such as cadaster and other tracking/M&E platforms. 
  5. CAM data collection tools, progress, and other reports that enhance CAM service delivery.
  6. At the end of the consultancy period, a final Comprehensive Report documenting all support provided within the contracted period in furtherance of the TORs, key successes/achievements, challenges faced, and recommendations to Judiciary and IDLO for better CAM service delivery. 

DURATION OF THE ASSIGNMENT

The mediation clerks’ contracts will run on a full-term basis for twelve (12) months from 20th  August 2021 to 20th August 2022. The assignment is output-based, and flexibility of scheduling and availability might be required to ensure the completion of work during the timeframe.

IDEAL CANDIDATE PROFILE

Education

  • A Bachelor’s degree in Law or related social sciences from a university recognized in Kenya.

Work experience

  • Minimum of one year of professional experience in any fields of access to justice, alternative dispute resolution, legal aid, or related fields. 
  • Demonstrated strong skills in data collection and coding; data evaluation and analysis; and development of evidence-based reports and publications. 
  • Demonstrated understanding of the social, political, and economic context in Kenya, especially as relates to access to justice and alternative dispute resolution. 
  • Demonstrated experience in delivering assignments of similar nature.

Technical competencies

  • Excellent organizational, interpersonal, and communication skills. 
  • Excellent work ethic founded on the principles of integrity, impartiality, and confidentiality.
  • Professionalism in the process of engaging with IDLO, CAM Secretariat, Mediation Taskforce, MAC, CAM accredited mediators, and clientele. 
  • Proficiency with Microsoft Office programs and other relevant computer applications.

TIMELINES

The assignment will be undertaken for a short-term period of twelve (12) months, on an output basis. All fees are subject to a 5% KRA withholding tax.

REPORTING AND SUPERVISION 

The mediation clerks shall report directly to the Mediation Registrar and the IDLO Kenya Field Programme Manager for the Access to Justice, respectively.  

Applications will be screened on regular basis; a qualified applicant might be recruited before the deadline. In the interest of making the most effective use of resources, only short-listed candidates will be contacted during the selection process.

TERMS AND CONDITIONS 

IDLO is an Equal Opportunity Employer and values diversity in all areas of its operations. We welcome applications of qualified and diverse candidates.

IDLO is committed to achieving a 50/50 gender balance at all levels within its workforce. Female candidates are strongly encouraged to apply for IDLO vacancies.

IDLO does not tolerate sexual exploitation or abuse, any kind of harassment, including harassment of a sexual nature; or discrimination. As such, IDLO will conduct careful reference and background checks of all selected candidates as part of its selection process.

DISCLAIMER AND CLOSING DATE 

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

All applications will be treated with the strictest confidentiality and in compliance with IDLO’s policy on personal data protection.

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.

Application deadline: 30 August 2021 (23:59hrs Rome Time).

At Impactpool we do our best to provide you the most accurate info, but closing dates may be wrong on our site. Please check on the recruiting organization's page for the exact info. Candidates are responsible for complying with deadlines and are encouraged to submit applications well ahead.
Before applying, please make sure that you have read the requirements for the position and that you qualify. Applications from non-qualifying applicants will most likely be discarded by the recruiting manager.