SHORT-TERM CONSULTANCY OPPORTUNITIES

TERMS OF REFERENCE: DEVELOPMENT OF ALTERNATIVE JUSTICE SYSTEMS PLATFORM AWARD GUIDELINES IN KENYA

Project Title: – Democracy and Human Rights Program.

About the project

Legal Resources Foundation Trust (LRF) is a registered non-governmental organization whose mission is to be a resource for justice, equity, and resilience in communities through holistic participatory interventions and strategic partnerships with both State and Non-State stakeholders. The organization is in Phase III implementation of Democracy and Human Rights Program funded by Swidish Embassy through Diakonia in Kitui, Isiolo, Kericho and Baringo counties. This program seeks to address the increased utilization of pretrial detention and prosecution especially for offenses that can be resolved alternatively through Alternative Justice Systems (AJS) and which contribute to the huge court case backlogs and congestion in the Kenyan penal facilities. It also seeks to contribute to deliberate actions aimed at addressing environmental challenges that impact the justice system, enhance resource-based conflict management, and alleviate household and community vulnerability to climate change related conflicts and crimes which disproportionately affects women, children, the elderly, and persons with disability. Similarly, this project has initiated actions towards conflict management by involving elders in resource-based dispute resolution. Therefore, the program endeavors to build a strong justice system that is accessible, efficient and protects the rights of all especially the vulnerable and communities of informed and empowered citizens that can claim their rights and freedoms.

Background to the Consultancy opportunity

The Chief Justice, Martha Koome in her speech during the 2nd Annual AJS conference noted that only 10 percent of those seeking justice can afford the formal justice system. She also noted that many Kenyans face systemic barriers in their quest for formal justice and urged all actors in the justice sector to embrace Alternative Justice Systems (AJS) as a viable and legitimate option for resolving disputes and enhancing access to justice for all. As such, LRF’s work seeks to strengthen and enhance utilization of Informal dispute resolution mechanisms (AJS) in resolving deserving cases to ensure timely, accessible, and affordable delivery of justice for the marginalized communities we work in. LRF in championing gender justice and repugnancy tendencies in award systems by the elders seeks to develop a guide that will help AJS practitioners in issuing awards that promote gender justice and are not repugnant to the constitutional values. It’s in line with this that LRF in collaboration with National Steering Committee on Implementation of Alternative Justice Systems, plans to develop an AJS awarding guidelines for elders to apply during their sessions.

Objectives:

  1. In line with this project goal of decongesting the justice system using AJS, the main objective of this assignment is to develop awarding guidelines for AJS Practitioners in Kenya. The AJS awarding guidelines should be developed with a keen eye to gender issues. Thus, the awarding tool will ensure awards issued by AJS platforms are gender responsive, meet the constitutional values and commensurate to the offenses committed. As per these TORs, the final awarding tool will guide the elders in making decisions to ensure equity, dignity, and justice in their final decision during AJS sessions. Elders will also appreciate and learn from other communities’ best practices on award system and execution/enforcement of the same. In a nutshell, the award guideline will respond to the second pillar of the human rights framework, Duty to protect- that safeguard human rights at the AJS platforms through development of laws, policies guidelines for AJS to guard against human rights violations & provide remedies for the violations. It will also respond to the strategic intervention three of the AJS policy that seeks to develop procedures and customary law jurisprudence of AJS in Kenya.

Scope of Work:

Per this assignment, the consultant will be responsible for the following tasks:

  1. Review the AJS related documents and best practices, including the content, accuracy, relevance of the knowledge materials, the structure, and organization.
  2. Meet and consult relevant departments on AJS, Communities, council of elders, chiefs, prison officers, police, judiciary, and National Steering Committee on Implementation of Alternative Justice Systems plans to develop AJS awarding guidelines for elders to apply during their sessions.
  3. Incorporate and consider legal principles, gender principles, precedents, case studies, and various elders’ decisions and awards.
  4. Ensure clarity, coherence, and accessibility of the language, ensuring that the developed tool is easy to engage with, and is understandable to a diverse range of AJS practitioners.
  5. Consider cultural practices of different communities to ensure the tool documents good cultural practices that can be recognized and replicated.
  6. Work closely and constantly consult with the National Steering Committee on Implementation of Alternative Justice System during the development of the tool.
  7. Conduct validation of the document through Involving key stakeholders, AJS Practitioner and National Steering Committee on Implementation of Alternative Justice System

Deliverables:

  1. Develop an award guideline for AJS Practitioners in Kenya: Clearly define awards for different offences resolved by elders across the country. The awards should be as per the three AJS platforms Court Annexed, Autonomous and Autonomous third-party AJS platforms. There are great possibilities of different platforms awarding differently from the other.
  2. Validation of the awarding guidelines: Present the draft tool to focal stakeholders, and obtain feedback on key areas of improvement, for incorporation into the final document.
  3. Final document: Submission of final document containing the consultant’s primary work of the document and additional inputs derived from stakeholders during the validation

Timeline:

The review process should be completed within thirteen (13) days spread across a period of (2) months, i.e., between March and May 2024. This will allow for sufficient time for a thorough assessment, compilation of materials, and preparation of the final tool.

Reporting and Coordination:

The consultant will report to LRF’s Executive Director and collaborate closely with the Programs Manager and Project team. This team will ensure linkages and coordination throughout the process to ensure effective collaboration in delivery of this action.

Qualifications and Expertise:

The consultant should possess the following qualifications and expertise:

  1. Extensive knowledge and expertise in the practice and application of AJS, law, land law, Criminal and Civil law with a particular focus on
  2. Should have strong analytical and critical evaluation skills and expertise in gender issues.
  3. Excellent understanding of legal frameworks, statutes, and legal judgments related to AJS application in
  4. Exceptional writing and communication skills to ensure clarity and substance in terms of information materials to be incorporated into the tool.
  5. Familiarity with the operations and procedures of court and AJS.
  6. Good understanding of cultural practices and gender issues of various communities in Kenya.
  7. Candidates must be familiar with safeguarding principles in development

How to Apply

All applicants are required to submit proposals with the subject line; ‘Development of Alternative Justice Systems Platform Award Guidelines in Kenya.’

  1. . The proposal should be clear and concise and should not be more than 2,500 words. Critically, it should provide a brief legal analysis of the pertinent AJS jurisprudential issues in
  2. Applications are to be accompanied by a cover letter demonstrating
  3. Attach copies of updated CV and academic

NOTE: – Women candidates are encouraged to apply.

Application deadline:

Applications must be submitted by 29th February 2024 by COB. Applications to be sent to; careers@lrf-kenya.or.ke. Alternatively, hand deliver your application package to Legal Resources Foundation Trust offices at Flamingo Towers, 1st Floor, Wing A, Upper Hill, Mara Road, Nairobi. You may also post your application to the below address: –

Legal Resources Foundation Trust P. O. Box 34720 – 00100 GPO

Nairobi, Kenya

NOTE: Only shortlisted candidates will be reached.

Legal Resources Foundation Trust is an equal opportunity employer.

TERMS OF REFERENCE: DEVELOPMENT OF AN ENVIRONMENTAL AND CLIMATE CHANGE TRAINING CURRICULUM

Project Title: – Democracy and Human Rights Program.

About the project

Legal Resources Foundation Trust (LRF) is a registered non-governmental organization whose mission is to be a resource for justice, equity, and resilience in communities through holistic participatory interventions and strategic partnerships with both State and Non-State stakeholders. The organization is in Phase III implementation of the Democracy and Human Rights Program funded by the Swedish Embassy through Diakonia in Kitui, Isiolo, Kericho and Baringo counties. This program seeks to address the increased utilization of pretrial detention and prosecution especially for offenses that can be resolved alternatively through Alternative Justice Systems (AJS) and which contribute to the huge court case backlogs and congestion in the Kenyan penal facilities. It also seeks to contribute to deliberate actions aimed at addressing environmental challenges that impact the justice system, enhance resource-based conflict management, and alleviate household and community vulnerability to climate change related conflicts and crimes which disproportionately affects women, children, the elderly and persons with disability. Similarly, this project has initiated actions towards conflict management by involving elders in resource-based dispute resolution. Therefore, the program endeavors to build a strong justice system that is accessible, efficient and protects the rights of all especially the vulnerable and communities of informed and empowered citizens that can claim their rights and freedoms.

Background to the Consultancy opportunity

Climate justice advocates for equitable solutions that prioritize the needs of those who are most affected by climate change, strive to reduce greenhouse gas emissions, and ensure that the burdens and benefits of climate action are distributed fairly, taking into account historical and systemic inequalities. Imperatively, it’s always prudent to reduce susceptibility of communities to risks and vulnerability to climate change, strengthen resilience, enhance well-being and the capacity to anticipate, and respond successfully to change. It’s against this backdrop that the Legal Resources Foundation Trust, through Democracy and Human Rights Program funded by Swedish Embassy through Diakonia intends to develop a training curriculum which will be instrumental in guiding the capacity enhancement and training on environment and climate changes in Kenya. The developed curriculum will speak to the six pillars of climate justice: Just Transition; Social, Racial and Environmental Justice; Indigenous Climate Action; Community Resilience and Adaptation; Natural Climate Solutions; and Climate Education and Engagement.  The curriculum will help in the capacity building of judges and judicial officers and equip them with the knowledge and skills necessary to integrate climate justice principles into judicial decision-making processes. It should provide strategies for assessing and addressing the unequal impacts of climate change, promoting resilience, and fostering just transitions to sustainable practices. The document will help to enhance awareness to the targeted group on understanding of the concept of climate change and climate justice, including its historical context, underlying principles, and relevance in contemporary society. It should also help the judges and the judicial officers examine the disproportionate impacts of climate change on vulnerable communities, marginalized groups, and future generations. The curriculum should be able to effectively address Climate justice issues mainly concerned with the procedural and distributive ethical dimensions of and for climate change mitigation. Therefore, the developed curriculum will be instrumental in educating justice players and stakeholders in the climate change sector about climate change, Climate justice such as concepts of equality, human rights, collective rights, and the historical responsibilities for climate change. It should provide practical examples on addressing environmental injustices, protection and conservation of natural resources and ways of mitigating the impacts of the climate crisis as well as empowering trainees with the knowledge, skills, values, and attitudes needed to act as agents of change. The curriculum will be used to train judges, legal practitioners, environmental law practitioners, climate justice scholars, students, and stakeholders involved in the environment and climate justice conversations. The main purpose of this short-term consultancy assignment is to develop such a curriculum putting into consideration the Kenyan context while also looking into regional and international context on environment justice, climate justice and climate change initiatives and best practices.

Objectives:

To develop and design a curriculum that is suitable to be utilized by LRF to train justice actors and communities. The curricula should be interactive, engaging, and tailored to the specific cultural, social, and environmental context of specified counties. The document should be very comprehensive and with well-structured educational materials, including lesson plans, presentations, case studies, visual materials and practical exercises, and supplementary resources, to support the curricula. The content should incorporate scientific knowledge, best practices, and local case examples and are tailored to communities with low scientific knowledge levels.

Scope of Work:

Per this assignment, the consultant will be responsible for the following tasks:

a) Conduct a KAP Assessment: Assess the existing knowledge, attitudes, and practices related to coping and adaptation strategies utilized in the face of Environmental and climate change as well as knowledge, attitude, and practices for water resource management in rural communities.

Target communities for the survey will be identified in collaboration with LRF, based on programmatic priorities and knowledge gaps.

b) Curriculum Design and Development: Develop a curriculum that is suitable to be utilized by LRF to train justice actors and communities. The curricula should be interactive, engaging, and tailored to the specific cultural, social, and environmental context of specified counties.

c) Content Development: Create comprehensive and well-structured educational materials, including lesson plans, presentations, case studies, visual materials and practical exercises, and supplementary resources, to support the curricula. Ensure that the content incorporates scientific knowledge, best practices, and local case examples and are tailored to communities with low scientific knowledge levels.

d) Piloting and Validation: Conduct a pilot implementation of the curriculum in selected communities. Collect feedback from participants and stakeholders to evaluate the effectiveness, relevance, and applicability of the curriculum. Revise and refine the curriculum based on the pilot results, ensuring that the materials are user-friendly, adapted to be delivered to justice actors and communities and available in English.

e) Monitoring and Evaluation: In close coordination with the Monitoring and Evaluation team of LRF, develop a framework for monitoring and evaluating the implementation and impact of the curricula. Define key performance indicators, data collection methods, and assessment tools to measure knowledge acquisition among the target audience.

Deliverables:

  1. Develop a curriculum for the training of stakeholders involved in environment and climate change: The developed curriculum should be suitable to be utilized by LRF to train justice actors and communities. The curricula should be interactive, engaging, and tailored to the specific cultural, social, and environmental context of specified counties.
  2. Validation of the Curriculum: Present the draft curriculum to focal stakeholders, and obtain feedback on key areas of improvement, for incorporation into the final document.
  3. Final document: Submission of final document containing the consultant’s primary work of the document and additional inputs derived from stakeholders during the validation meeting.

Timeline:

The review process should be completed within thirteen (13) days spread across a period of (2) months, i.e., between March and May 2024. This will allow for sufficient time for a thorough assessment, compilation of materials, and preparation of the final tool.

Reporting and Coordination:

The consultant will report to LRF’s Executive Director and collaborate closely with the Programs Manager and Project Team. This team will ensure linkages and coordination throughout the process to ensure effective collaboration in delivery of this action.

Qualifications and Expertise:

The consultant should possess the following qualifications and expertise:

Education & Experience & Skills

  1. A minimum of a master’s degree in a relevant field, such as environmental science, climate change, education, or a related discipline, with a minimum of five years of experience in curriculum development, preferably in the context of climate change, environmental conservation, or sustainable development.
  2. Experience working on projects related to human rights behavioral change, knowledge dissemination, and capacity building for justice actors.
  3. Familiarity with the specific challenges and context of climate change, environmental degradation, and water resource management in Kenya.

Technical Knowledge:

  1. In-depth understanding of climate change science, its impacts on the environment, and strategies for adaptation and mitigation.
  2. Proficiency in environmental conservation principles, sustainable agricultural practices, and water resource management techniques.
  3. Knowledge of behavioral change theories, social norms, and effective communication strategies to promote sustainable practices in rural and agrarian communities.
  4. Familiarity with curriculum design principles, adult learning methodologies, and participatory approaches to engage diverse target groups.

Stakeholder Engagement:

  1. Proven ability to engage and collaborate with diverse stakeholders, including government agencies, judiciary, community leaders, NGOs, and local communities.
  2. Experience in conducting participatory workshops, focus groups, and consultations to gather input and ensure the relevance and cultural appropriateness of the curricula.
  3. Strong facilitation and communication skills to effectively communicate complex concepts and engage participants from different educational backgrounds.

Research and Analytical Skills:

  1. Proficient in conducting needs assessments, literature reviews, and data analysis related to climate change, environmental degradation, and water resource management.
  2. Ability to synthesize scientific research, best practices, and case studies into practical and accessible educational materials.
  3. Strong attention to detail and ability to critically analyze and evaluate the effectiveness of curricula content and behavioral change strategies.

How to Apply

All applicants are required to submit proposals with the subject line; ‘Development of an Environmental and Climate Change Training Curriculum’.

  1. . The proposal should be clear and concise and should not be more than 2,500 words. Critically, it should provide a brief legal analysis of the pertinent AJS jurisprudential issues in Kenya.
  2. Applications are to be accompanied by a cover letter demonstrating suitability.
  3. Attach copies of updated CV and academic certificates.

NOTE: – Women candidates are encouraged to apply.

Application deadline:

Applications must be submitted by 29th February 2024 by COB. Applications to be sent to; careers@lrf-kenya.or.ke. Alternatively, hand deliver your application package to Legal Resources Foundation Trust offices at Flamingo Towers, 1st Floor, Wing A, Upper Hill, Mara Road, Nairobi. You may also post your application to the below address: –

Legal Resources Foundation Trust P. O. Box 34720 – 00100 GPO Nairobi, Kenya

NOTE: Only shortlisted candidates will be reached.

Legal Resources Foundation Trust is an equal opportunity employer.

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