CONSULTANCY: SMALL CLAIMS COURTS (SCC) ASSISTANTS

BACKGROUND 

The International Development Law Organization (IDLO) enables governments, empowers people, and strengthens institutions to realise justice and promote peace and sustainable development. IDLO is the only global intergovernmental organisation exclusively devoted to promoting the rule of law and access to justice.

With its headquarters in Rome, Italy, a Branch Office in The Hague, and Permanent Observer Missions to the United Nations in New York and Geneva, IDLO carries out policy advocacy, research, and learning, as well as the rule of law and justice programs in countries through 18 Country Offices operating in every region of the world.   

Currently, IDLO is providing institutional strengthening support for the implementation of the Constitution of Kenya by way of strategic policy development, critical legislative review, expert technical advice, and capacity building. The beneficiaries of IDLO’s work in Kenya include the Judiciary, National Council on Administration of Justice (NCAJ), Kenya Judiciary Academy (KJA), Office of the Attorney General and Department of Justice (OAG/DOJ), Office of the Controller of Budget (OCOB), Kenya Law Reform Commission (KLRC), Council of Governors (COG), National Legal Aid Service (NLAS), Ministry of Mining among others. 

The Small Claims Court (SCC) is established by the Small Claims Court Act No 2 of 2016. The court has jurisdiction to hear and determine cases with a pecuniary value of up to KES 1,000,000. The cases are heard on a fast-track basis as a strategy by the Judiciary to reduce case backlog, enhance ease of doing business and further enhance access to justice. In April 2022, the Chief Justice gazetted the first ten SCC courts and appointed an Acting Registrar, adjudicators, and staff to serve in these courts. Additionally, a 13-member SCC Implementation Committee (SCCIM) was appointed to steer the pilot phase of implementation, beginning at the Milimani Commercial Courts in Nairobi. Subsequently, on 25th April 2021, the SCC was launched at a brief ceremony at the Supreme Court grounds, and the SCCM was commissioned to begin its work. Since its inception in April 2021, the SCC had resolved 1,700 cases by December 2021. This is indicative of the potential of these courts to enhance access to justice, especially at the community level.

THE ASSIGNMENT 

The Judiciary, in collaboration with IDLO, seeks to engage 5 short-term SCC assistants to support the establishment and operationalisation of the SCC and customer care centres in 5 of the gazetted SCC court stations.

The SCC assistants’ duties and responsibilities will be as follows:

1. Support the set-up and running of SCC’s online registries, customer care centres, and call lines to establish structures and systems for successful operationalisation of SCC in 5 court stations. 

2. Organize, communicate, and manage knowledge and information resources for the SCC for better management of the customer care centres in the five court stations.

3. Monitor the SCC Secretariat information desks in the five court stations, including collecting or providing basic information from and to litigants, court users, and relevant stakeholders. 

4. Support the planning and execution of onboarding meetings for SCC adjudicators, deputy registrars, clerks, and other staff on the utility of the automated SCC systems and processes.

5. Develop and upload online tools that integrate SCC into the e-filing system, case tracking system; and reporting systems. 

6. Scan and upload manual SCC files into the digital platforms for better SCC information management.

7. Support key administrative roles of the SCC including (i) screening of SCC files; (ii) organising, storing, and retrieving SCC files on request; (iii) scheduling meetings with litigants and stakeholders; and  (iv) developing regular progress reports to the adjudicators for tracking and management of SCC matters.

8. Perform any other duties assigned by the Mediation Deputy Registrars to ensure prompt dispensation of SCC cases. 

DELIVERABLES

The SCC Assistants will deliver the following:

1. An inception report detailing the understanding of the assignment, approach/methodology, clear milestones and timelines, detailed work plan, potential risks, and mitigation measures.

2. Monthly progress reports to the SCC Secretariat and IDLO, detailing the support provided in furtherance of the TORs, key successes/achievements, challenges, and recommendations to Judiciary and IDLO for better SCC service delivery. 

3. Deliver the following:

• SCC’s online registries integrated with the automated SCC systems 

• Structured and functional  SCC customer care centres

• Online information tools to operationalise SCC1.  

• Progress reports for tracking and management of SCC matters

4. A comprehensive report at the end of the contract that details the results achieved, challenges, lessons learned, and best practices for replication. The report should also include annexes of the research products developed in electronic.

5. Any other deliverables shall be agreed upon with the SCC Registrar including the development of tools, reports, concept notes, and memos related to the TORs.

IDEAL CANDIDATE PROFILE 

Education 

•  A Bachelor’s degree in Law or related social sciences from a university recognised 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 management, customer care services and development of evidence-based reports/ 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 leading assignments of similar nature, especially for high-level government agencies, with a focus on access to justice/administration of justice/ rule of law, etc. 

Technical competencies

• Excellent organisational, interpersonal, and communication skills. 
• Excellent work ethic founded on the principles of integrity, impartiality, and confidentiality.
• Professionalism in the process of engaging with IDLO, SCC Secretariat, adjudicators, and court users. 
• Proficiency with Microsoft Office programs and other relevant computer applications

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 staff member assigned to this work. The Director-General of IDLO reserves the right to amend and change responsibilities or even to cancel the recruitment to meet business and organisational needs as necessary. 

Application deadline - 25th May 2022.