Consultancy – Policy Review for Empowering Tea Communities in Kenya Project

1.0 About ActionAid International Kenya
ActionAid International Kenya (AAIK) is a non-partisan, non-religious development organisation that has been working in Kenya since 1972 to end poverty and injustices. ActionAid International Kenya is among the leading anti-poverty agencies in Kenya having presence in 16 counties working directly with over one million people living in poverty and exclusion.
We are un-apologetic in advancing Women’s Rights and ensuring that Women Living in Poverty and Exclusions are at the centre of our work. AAIK commit to work with Women, Children and Young people living in poverty and exclusion to claim and realize their constitutional rights through working within three main pillars of Human Rights Based Approach (HRBA); empowerment, solidarity, and campaigning.
AAIK is committed to undertaking all its work in a manner which does not put children or vulnerable adults at risk. All contractors and Consultants etc., are informed of their contractual and moral responsibilities to safeguard children, young people, and vulnerable adults in all areas of ActionAid’s work.

2.0 Background of the task
ActionAid International Kenya in partnership with the Ethical Tea Partnership (ETP), a membership organisation working with tea companies, development organisations and governments to improve the lives of tea workers, farmers and the environment in which they live and work, is implementing the Empowering Tea Communities in Kenya project, whose goal is to empower tea growing smallholder farmers and the informal workers that work on their farms to access their rights to decent work, freedom from violence and essential services.
Smallholder farmers and informal workers, especially women workers, in the Kenyan tea industry are vulnerable to low incomes, as well as poor working conditions due to the informal nature of their employment. This is frequently combined with a lack of access to services including healthcare, education and safe housing for themselves and their families. Rates of violence against women workers are high, with weak mechanisms in place for prevention and response.
Utilising ActionAid’s extensive experience of partner collaboration and community mobilisation, the project will engage relevant authorities and other key stakeholders including Kenyan Tea Development Agency (KTDA) to better understand and respond to the needs of tea farmers and workers and put in place structures to ensure these are better addressed. By the end of the project, we will have created strong networks of empowered workers, enjoying sustained improvements across all spheres of life.

3.0 Rationale
A recent gender sensitive situational analysis of five communities in Kenya commissioned by ETP and its partners highlighted high instances of all forms of gender-based violence (GBV) on smallholder tea farms, and among informal workers.
Weak and insensitive institutional policies, structures, and processes, as well as structural issues including poverty and cultural attitudes towards violence against women and girls contribute to these high levels. GBV prevention and response services are inadequate across all locations and access to justice services are inaccessible for survivors. The situational analysis also highlighted instances of child labour on smallholder tea farms with household poverty identified as the key driver.
Workers are typically hired by farmers on a casual basis without formal contracts and are paid a piece rate per kg of tea plucked. The seasonality of tea work, which varies month to month and year to year depending on climatic conditions, adds to workers’ economic insecurity. These informal employment arrangements and the seasonality of available work mean these workers lack job security, living incomes and access to basic services and entitlements such as medical care, safe housing and education. They are largely ‘invisible’ in the international tea supply chain and their rights, both as workers and as citizens, are therefore overlooked. This makes them one of the most vulnerable groups in the tea supply chain.
It is from this backdrop that the project seeks to undertake a policy review to understand key relevant policies at collection center, county, national, and international level, including identifying policy gaps in the tea sector in Kenya.

4.0 Specific focus areas of the consultancy
The consultancy will be guided by the following focus areas:

1. Policy review (desk review) to understand key policies relevant to labor and worker’s rights at international, national, county and collection center level, including identifying policy gaps. This should include but not limited to provision of personal protection equipment’s, housing standards for workers, collection center Bylaws etc.
2. A review of two ETP member company policies to identify gaps between theory and practice, including whether the policies are aligned with international codes e.g., Ethical Trade Initiative Base Code and UN Guiding Principles on Business and Human rights.
3. Mapping of policies at county, national and international levels to protect women from violence.
4. Stakeholder mapping to identify key stakeholders in each of the three communities.

5.0 Call for expression of interest.
AAIK is looking for a consultant to undertake and deliver on the task highlighted in section 4.0 of this ToR.

5.1 Management of the Consultancy
The overall guidance and supervision of the consultancy shall be provided by the Programme Manager for Resilient Livelihoods and Emergencies who will closely consult with the Programme Manager – Kenya at the Ethical Tea Partnership as required. The consultant will work closely with the Coordinator and Officers (to be recruited) implementing this project, and the Monitoring Evaluation Accountability and Learning Coordinator. There will also be points of contacts with the Programme Manager for Women’s Rights and Governance at ActionAid International Kenya.

5.2 Role of the Consultant
The consultant will be responsible for the following tasks and duties:

• Design the research methodology and develop the tools to be used for data collection.
• Undertake table review of literature on the subject.
• Where applicable conduct interviews with key informants.
• Prepare a detailed report of relevant policies and gaps.
• Pull out a clear summary of the relevant policies and gaps.
• Prepare a PowerPoint presentation of the findings.
• Make a presentation of the findings in a session organized by ActionAid.

5.3 Expected deliverables.

1. Research design/ methodology in place, share with and agreed with ActionAid Kenya.
2. If applicable, tools for data collection developed.
3. Detailed report (not more than 20 pages) of relevant policies and gaps is submitted.
4. A clear summary report of the relevant policies and gaps submitted.
5. If applicable, high-resolution photos of public facilities e.g., housing, sanitation, health facilities etc.
6. Power point presentation of the findings submitted.

5.4 Required expertise.
The applicant should possess the following desired knowledge, skills, and expertise:

• Expertise with and deep knowledge of institutional policies, structures, programmes, and processes preferably in the tea sector.
• Excellent knowledge and understanding of the country context with respect to smallholder farmers and informal workers’ rights issues.
• Exceptional skills in reporting
• Ability to work in team and collaborate with all team members.
• A good time manager with ability to remain respectful, objective, and flexible.
• Previous experience in conducting similar policy reviews.
• Excellent analytical skills (for both quantitative and qualitative data).

5.5 Bid’s document and timeframe
The validity period for this consultancy shall be 30 days. All logistical expenses incurred in delivering the task shall be covered by ActionAid subject to prior approval. The consultant shall submit an expression of interest capturing the following details:

1. Curriculum Vitae and a letter of interest briefly describing his/her understanding of the task, experience, and qualifications to work and deliver on the assignment.
2. A separate financial proposal highlighting technical fees including withholding tax, mode of payment and any other relevant details.
3. Two referees that can satisfy that the consultant has in the past successfully undertaken and delivered similar assignment.