Reference: G/KEN/0354
Location: Nairobi , Kenya
Duration: 1 year
Closing Date: 18 May 2012
Background
The people of Kenya ratified a new Constitution through a referendum held on 04 August 2010. The new Constitution contains an extensive schedule of legislation required to implement its various provisions. In all, there are over 50 specific areas identified which require legislation. The new constitution also prescribes timeframes within which each piece of legislation should be in place. It further requires that Parliament enact any legislation required to be enacted to govern a particular matter within the prescribed period. Line Ministries will continue to be responsible for initiating the requisite legislation in their respective areas. However, the responsibility for preparing the relevant Bills for enactment within the period prescribed is vested in the Office of the Attorney-General and the Kenya Law Reform Commission, in consultation with the Commission for the Implementation of the Constitution.
The Office of the Attorney-General and the Kenya Law Reform Commission require expert support in order to fulfil their mandate to prepare the requisite legislation within the prescribed periods. In particular, the two offices urgently require the assistance of drafters, who are also experts in the specific technical fields, and who have previously drafted legislation within a similar environment. The particular areas are: finance; devolution; land; the electoral system; and the representation of the people.
Purpose of the project
The purpose of this project is to strengthen the capacity of the Attorney General's Office and the Kenya Law Reform Commission with regard to drafting the legislation required to implement the provisions of the new constitution of The Republic of Kenya.
Scope of Work
The expert will work closely with the Office of the Attorney-General, the Kenya Law Reform Commission and the in-house drafters in both offices to produce the legislation required to implement the new constitution in their respective area of expertise. In collaboration with the in-house drafters, the expert will be expected to undertake the following activities:
- Draft priority legislation required for implementing provisions of the new constitution. In particular, legislation relating to finance, devolution, land, the electoral system and representation of the people, depending on their area of expertise
- Undertake assessment of drafting capacity within the Attorney General’s Office and the Law Reform Commission and make recommendations for long term sustainable measures to address gaps
- Advise Government Ministries and departments on legislative and other legal matters within their area of expertise
- Assist in research on technical matter that need further investigation
The expert will be based in Nairobi but may be required to travel to other towns for purposes of briefing government officials and participating in stakeholder consultative fora on the legislation being developed.
Outputs (Deliverables)
The above activities will be expected to produce the following outputs:
- Laws and regulations necessary to comply with the constitution and international obligations drafted
- Staff of the Attorney General’s Office and Law Reform Commission trained in legislative drafting
- Government Ministries and Departments better informed with regard to legislation in specialised fields
At the start of the assignment the expert will develop a priority and output-oriented work plan in close cooperation with the Attorney-General. The expert will then prepare a quarterly progress report against the work plan that shall be submitted to the Attorney-general. At the end of the assignment the expert will prepare an end of assignment report, noting the achievement of the work plan and delivery of the scope of work.
Transfer of expertise
The Commonwealth Secretariat attaches particular importance to the transfer of expertise and knowledge to counterparts. Experts appointed will be expected to share their skills and experience with staff of the Attorney General’s Office and Kenya Law Reform Commission. A comprehensive training and mentoring programme will be implemented in this regard which will aim to ensure that staff trained will have the necessary skills to fulfil drafting requirements without supervision upon project completion.
Implementation arrangements
The expert will work closely with the Commonwealth Secretariat Advisers in delivering this technical assistance. The experts will be based at the Attorney General’s Chambers and/or Kenya Law Reform Commission in Nairobi for a period of one year. This will be subject to review toward the end of the project and renewal upon mutual agreement.
Person specification
The expert should have:
- At least 15 years’ experience in legislative drafting acquired within commonwealth jurisdictions, particularly in constitutional matters
- Experience in providing professional advice concerning legislative drafting on constitutional, human rights or other public law issues, at a senior level
- Demonstrated expertise in reviewing and drafting in at least one of the following specialised areas:
- Financial legislation
- Laws relating to devolution of structures and resources
- Land laws
- Laws relating to electoral systems, representation of the people in various elective positions, both in national and devolved governments
- Strong communication, writing and IT skills
- Ability to establish priorities and to plan, coordinate and monitor own work
- Good inter-personal skills, ability to work in a consultative and collaborative manner
- Ability to establish and maintain effective partnerships and working relationships in a political environment
- Demonstrated leadership in drafting matters
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