CONSULTANT TO DEVELOP THE COMMERCIAL JUSTICE COURT USERS’ COMMITTEES (CJCUC) GUIDELINES AND OPERATIONAL PLAN

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, Permanent Observer Missions to the United Nations in New York and Geneva, and 18 Country Offices across the globe, IDLO carries out policy advocacy, research, and the rule of law and justice programmes, operating in every region of the world. 

IDLO is currently providing technical support towards implementing the Constitution of Kenya through strategic policy development, critical legislative review, expert technical advice, institutional strengthening, capacity building, and knowledge generation. The supported institutions include the Judiciary, the National Council on Administration of Justice (NCAJ), Kenya Judiciary Academy (KJA), National Legal Aid Service (NLAS), National Council for Law Reporting (NCLR), among others,  in implementing the Constitution of Kenya 2010 by way of strategic policy development, critical legislative review, expert technical advice, institutional strengthening, and capacity building.

The National Council on the Administration of Justice (NCAJ) is multi-sectoral high-level policymaking, implementation, and oversight coordinating mechanism established under section 34 of the Judicial Service Act and charged with the mandate of ensuring a coordinated, effective, efficient, and consultative approach in the administration of justice and reform of the justice system. The NCAJ’s work is undertaken through thematic working committees, including the Standing Committee on Court Users in Kenya, which currently coordinates all policy issues on CUCs, including the Commercial Justice Court Users Committees (CJCUCs).

 The CJCUCs, which were recently formally launched under the leadership of NCAJ, are platforms of engagement for the Judiciary, private sector actors, and commercial justice actors. The CJUCs aim to strengthen the commercial justice ecosystem, enhance engagement with the business community, support the business environment and investment climate and positively impact Kenya’s economic performance. Further, the CJCUC platforms facilitate consultations on multi-stakeholder approaches to commercial justice, continuous dialogue, and solution finding for the challenges affecting the administration of justice in commercial courts, thus building confidence in the commercial justice system. CJCUCs have been rolled out in Nairobi, Kisumu, Mombasa, Nakuru, and Eldoret, respectively.

 THE ASSIGNMENT

To ensure the full and coordinated functioning of the Commercial Justice Court Users Committees (CJCUCs), a comprehensive analysis of the existing operational framework is necessary. This will facilitate the development of guidelines and plans that standardises CJCUCs operations to ensure efficiency and responsiveness.  

IDLO, in partnership with the NCAJ, seeks to engage a consultant to develop the CJCUC Guidelines and an Operational Plan. 

The Consultant’s duties and responsibilities will include:

1. Conducting a comprehensive operational analysis of CJCUCs as currently set up under NCAJ and identifying contextual and operational gaps taking into account the scope, structure, access, utility, and sustainability of CJCUCs.  
2. Guided by the findings of the operational analysis, develop draft CJCUC Guidelines and Operational Plan as appropriate.
3. Present the draft Guidelines and Operational Plan for review during stakeholders’ meetings convened by CJCUCs in Nairobi, Kisumu, Mombasa, Nakuru, and Eldoret, in consultation with NCAJ and IDLO.
4. Incorporate the feedback consolidated from the NCAJ Secretariat and the stakeholders’ meetings and develop the final drafts of the CJCUC Guidelines and Operational Plan.
5. Align the CJCUC guidelines with the CUC monitoring & reporting tools and systems. 
6. Finalise and present the CJCUC Guidelines and Operational Plan developed to NCAJ and IDLO in a ready-to-print format. 
7. Conduct a validation workshop of the final drafts with CJCUCs and stakeholders.  

DELIVERABLES

The Consultant will deliver the following:

1. An inception report detailing the understanding of the assignment, methodology, milestones and timelines, work plan, risks, and mitigation measures.
2. An operational analysis report of CJCUCs is currently set up under NCAJ with clear proposals/recommendations to address identified gaps.
3. A compilation of the information sources relied upon in the development of the documents. 
4. Final drafts of the CJCUC Guidelines and Operational Plan developed. 
5. A final report detailing the accomplished work, processes, challenges, and lessons learned.

Ideal Candidate Profile

Education

• A Bachelor’s Degree in law, economics, strategic planning, public policy, organisational development, or any other relevant field of study.

Work experience

• A minimum of 5 years of professional development.
• Demonstrated understanding and experience in the business and investment environment.
• Exposure ease of doing business indices for Kenya.
• Demonstrated experience delivering on assignments of a similar nature.
• Understanding of the commercial justice sector.

Technical competencies

• Demonstrated competencies in public policy development, including experience in developing guidelines or monitoring tools.
• Excellent analytical, writing, and editing skills. 
• Excellent work ethic founded on integrity, impartiality, and confidentiality principles.
• Proficiency in 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 employee 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 organisational needs as necessary.

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

In the interest of making the most effective use of resources, only the short-listed candidates will be contacted during the selection process.

 Application closing date: 16th September 2022.