CONSULTANT TO CONDUCT A BASELINE ASSESSMENT OF THE COMMON CAUSES OF APPEALS FROM TRIBUNALS AND DEVELOP A LESSONS LEARNT BRIEF ON STREAMLINING THE APPE

Overview & Responsibilities

BACKGROUND

Article (3) (c) of the Constitution recognizes the Judiciary and independent tribunals as state organs to which sovereign power of the people of Kenya is delegated. Article 169 (1) (d) of the Constitution defines subordinate courts to include local tribunals as may be established by an Act of Parliament. There are over 50 tribunals established under different Acts of Parliament. Of these, 17 tribunals are currently administered under the Judiciary following the National Treasury’s alignment of tribunals.

To facilitate congruence of Tribunals in the Judiciary, in April 2017, the Judicial Service Commission (JSC) established the Office of the Registrar of Tribunals (ORT). ORT was set up to coordinate the affairs of the tribunals in the Judiciary.

The ongoing transition of tribunals to the Judiciary has exposed the institutional, procedural, and capacity gaps of tribunals in the administration of justice. These gaps include; (i) lack of proper guidelines for appointment and retention of members of tribunals, capacity gaps in the delivery of service by specialized tribunals, procedures that are not streamlined, and limited ICT infrastructure for automation processes, etc. These gaps collectively result in high numbers of appeals from the tribunals to the High Court Divisions and Court of Appeal. The first step to improving the efficiency of tribunals is an assessment of these gaps and the impact on access to justice. This will aid in generating recommendations that inform strategic actions.

THE ASSIGNMENT

In this regard, IDLO, in partnership with the Office of the Registrar of Tribunals and the Tax Appeal Tribunals, seeks to engage a consultant to conduct a baseline assessment of common causes of appeal from the Commercial tribunals to the High Court Divisions and Court of Appeal. The assessment will also develop a Lessons Learnt Brief on streamlining the appeal process as well as make appropriate recommendations for action

The Consultant’s responsibilities will include:

1. Conducting a comprehensive baseline assessment of common causes of appeals from commercial tribunals and developing a baseline assessment report. The tribunals of focus will include the Tax Appeals Tribunal, Cooperatives Tribunal, Micro and Small Enterprises Tribunal, Standards Tribunal, Public Private Partnership Petition Committee, etc.
2. Carry out desk research and comparative analysis of successful approaches to streamlining tribunals’ appeal processes from other jurisdictions, taking into account the nature, context, and jurisdiction of tribunals.
3. Based on the findings of the baseline assessment report and comparative analysis of approaches, develop a Lessons Learnt Brief on streamlining tribunals’ appeal processes in Kenya.
4. Integrate a gender lens to the conduct of the baseline assessment and streamline tribunals’ appeal processes in the Lessons Learnt Brief to inform targeted actions to engender the process.
5. Present the Baseline Assessment Report and Lessons Learnt Brief in meeting(s) with commercial justice actors, including the commercial tribunals, commercial and Tax Division of the High Court, Law Society of Kenya (LSK), Commercial Justice Court Users Committee (CJCUCs) Bar/Bench Committees, etc., to gather feedback on preliminary findings and recommendations and incorporate the feedback to improve the drafts.
6. Present the final Baseline Assessment Report and Lessons Learnt Brief for validation to the Registrar of Tribunals, commercial tribunals, and other commercial justice actors listed in 5 above.
7. Finalize and present the Baseline Assessment Report and Lessons Learnt Brief to the Office of the Register of Tribunals, Tax Appeal Tribunals, and IDLO in a publication format.
8. Translate the final Baseline Assessment Report and Lessons Learnt Brief to Shareable Content Object Reference Model (SCORM) format, to be imported into the KJA e-learning platform.

Job Requirements

IDEAL CANDIDATE PROFILE

The Consultant should have the following skills, qualifications, and experience:

Education

• A Bachelor’s Degree in Law from a university that is recognized in Kenya.
• A Post Graduate Diploma from the Kenya School of Law.
• A Master’s Degree in a relevant field from a university recognized in Kenya will be an added advantage.

Work experience

• 7 – 10 years post-admission experience in Commercial Law Practice.
• 7 – 10 years of professional experience in the administration of justice through Tribunals, Arbitration, Adjudication, Conciliation, Mediation, or any other related field of practice.
• Demonstrated skills and experience delivering on similar assignments, including the conduct of baseline assessment and development of lessons learnt briefs, case digests, bench books, etc.
• Demonstrated experience working with tribunals in a capacity relevant to the assignment**.**
• Experience in software development, computer graphics, or web technologies will be an added advantage.

Technical competencies

• Demonstrated legal analysis and writing skills, including proof of writing.
• Excellent organizational, interpersonal, and communication skills.
• Excellent work ethic founded on the principles of integrity and confidentiality.
• Proficiency with Microsoft Office programs and other relevant computer applications.

Terms & Conditions

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

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

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 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.

Application closing date: 21st October 2022

DISCLAIMER The above statements are intended to describe the general nature and level of the work being performed by the employee/intern assigned to this work. This may not be an exhaustive list of all duties and responsibilities. The General Counsel of IDLO reserves the right to amend and change responsibilities and determine whether or when an internship position may be filled consistent with business and organizational needs.