CONSULTANT TO IDENTIFY DECISIONS MOST APPEALED FROM THE HIGH COURT TO COURT OF APPEAL AND DEVELOP A DIGEST ON COMMERCIAL LAW DECISIONS

Overview & Responsibilities

BACKGROUND

International Development Law Organisation (IDLO) is the only intergovernmental organisation exclusively devoted to promoting the rule of law. IDLO works to enable governments and empower people to reform laws and strengthen institutions to promote peace, justice, sustainable development, and economic opportunity. Currently, IDLO is providing technical support towards implementing the Constitution of Kenya by way of 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 Kenya Judiciary Academy (KJA) is the judicial training institute with a delegated mandate to meet the training, research, and capacity development needs of judicial officers. This is achieved through the design and delivery of training programs, exchange learning programs, seminars, public lectures, research, and other forms of discourses that facilitate the growth of jurisprudence and judicial practice and enhance judicial capacities for better administration of justice.

The National Council for Law Reporting (NCLR) is a semi-autonomous state corporation established under the National Council for Law Reporting Act, with a mandate for law reporting and revision by providing accessible, accurate, and timely publication of public legal information for an informed society. The NCLR’s mission is to provide universal access to public legal information by monitoring and reporting on the development of jurisprudence for the promotion of the rule of law.

THE ASSIGNMENT

IDLO, in partnership with the Kenya Judiciary Academy and the National Council for Law Reporting, seeks to engage a consultant to carry out a comprehensive study of commercial court decisions most appealed from the High Court to the Court of Appeal and develop a Digest on Commercial Law Decisions.

The Consultant’s duties and responsibilities will include:

1. Carrying out comprehensive desk research of the scope and nature of commercial cases and rulings/judgments delivered in the Commercial and Tax Division of the High Court that are most appealed to the Court of Appeal.
2. Conduct a robust analysis of the appeal process that identifies gaps/challenges and areas for improvement and makes practical recommendations to ease/improve the appeal process. The analysis should detail the operational implications of key players, including judicial officers, litigants, and justice seekers.
3. Developing a draft Digest of Commercial Law Decisions most appealed from the High Court to the Court of Appeal, highlighting the merits of the decisions, and jurisprudential value.
4. Present the draft Digest of Commercial Law Decisions to stakeholders during internal and external stakeholders’ meetings in consultation with KJA, NCLR, and IDLO.
5. Incorporate the feedback consolidated from the stakeholders’ meetings and develop the final digest.
6. Conduct a validation workshop with KJA, NCLR, and IDLO stakeholders for the final draft digest.
7. Finalise and present the Digest of Commercial Law Decisions to KJA, NCLR, and IDLO for publication in a ready-to-print format.

Job Requirements

DELIVERABLES

The Consultant will deliver the following:

1. An Inception Report detailing the approach/methodology, clear milestones and timelines, detailed work plan, potential risks, and mitigation measures. Including a compilation of the desk research and comparative analysis materials that informed the development of the digest.
2. A situational Analysis Report of the appeal process in the commercial cases most appealed from the High Court to the Court of Appeal, detailing the commonalities, comparative analysis, and proposed recommendations to improve appeal processes.
3. A final draft of the Digest of Commercial Decisions most appealed from the High Court to the Court of Appeal, presented in a designed and publication format.

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.