Lead Legal And Policy Consultant at Flone Initiative

• To achieve these objectives, Flone Initiative seeks to engage a qualified consultant to provide technical, legal, and policy support to Flone Initiative and the steering committee comprised of the Ministry of Investments, Trade and Industry (MITI), the Kenya Bureau of Standards (KEBS), and other relevant stakeholders throughout the accession process by facilitating policy and regulatory alignment, strengthening institutional coordination, building stakeholder consensus  and the development of an implementation guideline for helmet compliance.

 Objective

• To provide strategic technical, legal and policy leadership and coordination in support of Kenya’s accession to the UN 1958 Agreement, the strengthening and harmonization of national motorcycle helmet standards and the development of a national implementation guideline for monitoring and enforcing compliance with standards for motorcycle helmets.

Outcomes

The consultant shall support the achievement of the following outcomes: 

• Kenya accedes as a Contracting Party to the UN 1958 Agreement on the Adoption of Harmonized Technical United Nations Regulations for Wheeled Vehicles, Equipment and Parts by 2028.
• Kenya’s motorcycle helmet standards and regulatory framework are strengthened and harmonized with UNECE R22.06 and other applicable international best practices, providing a robust framework for the manufacture, importation, certification and market surveillance of motorcycle helmets. 
• The Ministry of Investments, Trade and Industry and the Kenya Bureau of Standards develop and adopt an implementation guideline for monitoring and compliance of motorcycle helmets imported into and produced domestically in Kenya, ensuring compliance with the UNECE R22:06 standards by 2028.
• The National Helmet Wearing Coalition is strengthened as a multistakeholder coordination platform, fostering sustained collaboration and consensus among partners. 

  Scope of Work
Support Kenya's Accession to the UN 1958 Agreement

• Conduct a comprehensive legal, policy, institutional, and regulatory assessment of Kenya's readiness to accede to the UN 1958 Agreement.
• Review existing legislation, policies, standards, and institutional mandates governing motorcycle helmet regulation, importation, manufacturing, certification, and market surveillance.
• Identify legislative, regulatory, institutional, and administrative gaps requiring alignment with the UN 1958 Agreement and relevant UNECE Regulations.
• Develop an accession roadmap outlining key milestones, institutional responsibilities, timelines, and implementation actions.
• Prepare technical briefs, policy papers, Cabinet memoranda, legal opinions, and other documentation required to support the accession process.
• Draft or review legal instruments and accession documents required by the Government of Kenya.
• Provide technical advice during inter ministerial consultations, validation workshops, and government review processes.
• Support the Ministry of Investments, Trade and Industry (MITI), Kenya Bureau of Standards (KEBS), and other government agencies in preparing submissions for Cabinet and Parliamentary consideration.
• Develop policy recommendations to facilitate mutual recognition of helmet approvals under the UN 1958 Agreement.
• Support awareness creation and capacity building for policymakers and regulators on the obligations, opportunities, and implications arising from accession.

Strengthen Motorcycle Helmet Standards and Regulatory Framework

• Review Kenya's motorcycle helmet standards and assess their alignment with UNECE Regulation No. 22.06, the WTO Technical Barriers to Trade (TBT) Agreement, and other international best practices.
• Recommend amendments to existing standards, regulations, and technical requirements to strengthen helmet safety and regulatory compliance.
• Advise on internationally recognized conformity assessment, type approval, certification, and market surveillance systems.
• Provide technical guidance on equivalence and mutual recognition principles to reduce duplication in testing and certification while maintaining safety requirements.
• Support the strengthening of certification pathways for both imported and locally manufactured motorcycle helmets.

Develop the National Implementation Guideline on Helmet Compliance

• Lead the drafting of the National Implementation Guideline for monitoring and enforcing compliance of imported and locally manufactured motorcycle helmets.
• Develop practical procedures for certification, import verification, conformity assessment, market surveillance, enforcement, traceability, and post-market monitoring.
• Clearly define institutional mandates, coordination mechanisms, reporting structures, and standard operating procedures for all implementing agencies.
• Develop practical tools, templates, compliance checklists, inspection procedures, and decision support instruments to facilitate implementation.
• Revise the guideline based on stakeholder feedback and support its validation, adoption, and dissemination.

Conduct Technical Assessments and Evidence Generation

• Undertake situational assessments of Kenya's helmet regulatory ecosystem, including manufacturing, importation, certification, testing, distribution, retail markets, and enforcement systems.
• Assess institutional capacity for testing, conformity assessment, market surveillance, and regulatory enforcement.
• Identify barriers affecting the availability, affordability, and uptake of certified motorcycle helmets.
• Produce evidence-based reports and recommendations to strengthen market compliance and regulatory effectiveness.

Stakeholder Engagement and Coordination

• Facilitate structured engagement and consensus-building among Government ministries, departments and agencies, development partners, private sector actors, academia, civil society organizations, and motorcycle industry stakeholders.
• Work closely with the National Helmet Wearing Coalition (NHWC) as the principal multi-stakeholder platform to strengthen coordination, foster technical dialogue, build consensus, and promote ownership of the accession process and implementation guideline.
• Participate in the inception meetings, technical consultations, co-creation workshops, validation forums, policy dialogues, and progress review meetings.
• Support inter-agency collaboration among MITI, KEBS, NTSA, KRA, the Attorney General's Office, Ministry of Transport, Customs authorities, and other relevant institutions throughout project implementation.

Technical Advisory Support

• Provide ongoing legal, policy, and technical advisory support to Flone Initiative, the Steering Committee, and participating government institutions throughout the assignment.
• Alignment to UNECE regulatory requirements, helmet standards, certification systems, and compliance monitoring.
• Support knowledge sharing and documentation of lessons learned to strengthen institutional capacity for long-term implementation.

Reporting and Deliverables

• Prepare high-quality inception, assessment, consultation, policy, and progress reports.
• Produce legal and technical briefs, stakeholder consultation reports, policy dialogue reports, accession documentation, and the final National Implementation Guideline.
• Present findings and recommendations during technical meetings, validation workshops, Steering Committee meetings, and policy forums.
• Provide periodic progress updates to Flone Initiative and the Steering Committee, highlighting achievements, emerging risks, and recommended corrective actions.

Deliverables

The consultant shall deliver:

• Detailed Inception Report.
• Legal and Institutional Gap Assessment Report.
• Kenya UN 1958 Agreement Accession Roadmap.
• Draft accession documentation and supporting policy briefs.
• Stakeholder consultation and validation reports
• Draft National Motorcycle Helmet Monitoring and Compliance Guideline.
• Final validated Implementation Guideline.
• Policy Brief on the accession pathway 
• Motorcycle Helmet Market/Situational assessment report 
• Recommendations on standards harmonization with UNECE R22.06 and WTO TBT principles 
• Detailed stakeholder engagement reports 
• Final Consultancy report 

Duration

The consultancy is expected to be implemented within 18 months. The consultant will report to the Project Steering Committee comprising representatives from:

• Flone Initiative (Project Secretariat)
• Ministry of Investments, Trade and Industry (MITI)
• Kenya Bureau of Standards (KEBS)
• National Transport and Safety Authority (NTSA)
• Other designated project partners within the National Helmet Wearing Coalition

Required Qualifications

The consultant should possess:

• An advanced university degree (Master's or higher) in Law, Public Policy, Engineering, International Trade, Regulatory Affairs, Standards and Conformity Assessment, Transport Policy, International Relations, or another relevant discipline.
• A minimum of 10 years' demonstrated professional experience in legal and regulatory reform, international standards, technical regulations, conformity assessment systems, public policy, or institutional strengthening.
• Demonstrated experience supporting governments in the accession, ratification, or implementation of international treaties, agreements, or regulatory frameworks, preferably within the UNECE or United Nations system.
• Proven technical knowledge of the UNECE 1958 Agreement, UNECE vehicle regulations (particularly UN Regulation No. 22.06), conformity assessment systems, type approval, market surveillance, and standards harmonization.
• Demonstrated experience in the development or review of national legislation, regulations, policies, implementation guidelines, standard operating procedures, or regulatory frameworks.
• Sound understanding of the World Trade Organization (WTO) Technical Barriers to Trade (TBT) Agreement, mutual recognition, and equivalence principles relating to technical regulations and standards.
• Demonstrated experience conducting legal, institutional, regulatory, and market assessments, and translating findings into practical policy and regulatory recommendations.
• Proven experience facilitating high-level multi-stakeholder consultations, policy dialogues, technical working groups, and consensus-building processes involving government ministries, standards bodies, private sector actors, development partners, and civil society.
• Experience working with government institutions such as ministries, standards bodies, customs authorities, transport regulators, and development partners, preferably in Africa or other low- and middle-income countries.
• Excellent analytical, legal drafting, policy development, technical writing, presentation, facilitation, and stakeholder engagement skills.
• Demonstrated ability to produce high-quality technical reports, policy briefs, implementation roadmaps, and strategic advisory documents within agreed timelines.

Required Competencies

• Regulatory and policy analysis
• Legal drafting
• Standards and conformity assessment
• Stakeholder engagement and consensus building
• Strategic planning
• Report writing
• Strong dialogue facilitation skills
• Excellent communication and presentation skills

This ToR provides the consultant with a clear mandate to lead both the policy accession process and the development of the operational compliance framework needed to strengthen motorcycle helmet safety in Kenya.