Openings at IDLO - International Development Law Organization

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.

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The Consultant's responsibilities will include:

1. Undertake a robust and participatory training needs assessment (TNA) and trend analysis of the developments in jurisprudence from the Employment and Labour Relations Court (ELRC) on conciliation and adjudication.
2. Based on the findings of the TNA, carry out desk research on the ideal models and approaches for training trainers (ToT) on the subject matter.
3. Informed by the findings of the TNA, develop a standard TOT Manual on Adjudication and Conciliation for the ELRC, in line with IDLO's training quality standards and participant-centred training methodology.
4. Integrate the principles of equality and non-discrimination into TOT Training Manual on Adjudication and Conciliation for the ELRC developed.
5. Present the draft TOT Manual on Adjudication and Conciliation in meetings with the ELRC and other commercial justice stakeholders, such as KJA, LSK, Judiciary, and BCUCs, for feedback.
6. Consider and incorporate feedback from stakeholder consultations into the Final TOT Manual on Adjudication and Conciliation.
7. Present the final TOT Manual on Adjudication and Conciliation for validation to the ELRC, legal and other practitioners, and commercial justice actors.
8. Finalise and present the TOT Manual on Adjudication and Conciliation to the ELRC, KJA, and IDLO in; (i) publication format; and (ii) Shareable Content Object Reference Model (SCORM) format, to be imported into the KJA e-learning platform.
9. Facilitate the first pilot training of the ELRC Judges on adjudication and conciliation under the leadership of KJA, using the developed TOT Manual on Adjudication and Conciliation.

DELIVERABLES

The Expert will deliver the following:

1. An Inception Report detailing the understanding of the assignment, methodology, timelines, work plan, potential risks, and mitigation measures.
2. A Training Needs Assessment Report on adjudication and conciliation.
3. A final draft of the TOT Manual on Adjudication and Conciliation, presented in a publication format.
4. An Assignment Completion Report and sources of information relied upon for the development of the manual.

IDEAL CANDIDATE PROFILE

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

Education

• Bachelor's Degree in Law, social sciences, development, or related discipline from a university recognised in Kenya.
• Post-graduate professional qualifications in Arbitration, Adjudication, Conciliation, or any other related field of ADR practice.

Work experience

• A minimum of 7 -10 years post-admission experience in Commercial Law Practice.
• 7 – 10 years of professional experience in Arbitration, Adjudication, Conciliation, or any other related field of ADR practice.
• Demonstrated skills and experience delivering on similar assignments, including training manuals and curricula.
• Demonstrated skills and experience in offering professional adjudication and conciliation training, peer-to-peer learning, or mentorship for ADR practitioners.
• Sound knowledge of ongoing reforms in the justice sector related to ADR practice.

Technical competencies

• Demonstrated legal analysis and writing skills, including proof of writing.
• Excellent organisational, 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.

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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.

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.

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The Consultant's responsibilities will include to:

Undertake a comprehensive gap analysis of the e-filing processes through consultations with internal and external e-filing users.

1. Informed by the gap analysis findings, develop Guidelines and Training Curriculum on e-filing, using a participant-centred training methodology.
2. Present the draft Guidelines and Training Curriculum on e-filing during various stakeholder meetings, including but not limited to the Judiciary ICT Directorate ICMS Committee, KJA, and LSK.
3. Incorporate feedback from the stakeholders' consultations and finalize Guidelines and Training Curriculum on e-filing for presentation to the Judiciary ICT Directorate, ICMS Committee, KJA, and IDLO.
4. Deliver the final Guidelines and Training Curriculum in a Shareable Content Object Reference Model format, to be imported into the KJA e-learning platform.
5. Conduct the first pilot training of judicial officers and staff on e-filing, using the developed Guidelines and Training Curriculum on e-filing.

DELIVERABLES

1. An Inception Report detailing the understanding of the assignment, methodology, timelines, and work plan, within the first 7 days of the assignment.
2. A comprehensive Gap Analysis Report on the e-filing process within 30 days of the assignment.
3. A final draft of the Guidelines and Manual on e-filing within 60 days of the assignment in a format that is uploadable in the KJA e-learning platform.
4. An Assignment Completion Report and sources of information relied upon for the development of the guidelines and manual within 75 days of the assignment.

IDEAL CANDIDATE PROFILE

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

Education

• Bachelor of Fine Arts in Graphic Design with specialization in Graphic Design or related discipline from an institution recognized in Kenya.
• Post-graduate professional qualifications in the fields above will be an added advantage.
• A strong portfolio of illustrations or other graphics
• Familiarity with design software and technologies such as In Design, Illustrator, articulate, Photoshop
• Certifications in any other design software will be an added advantage
• A keen eye for aesthetics and details
• A proven record in developing a curriculum and digitizing an institution's course content will be an added advantage.
• Ability to work methodically and meet deadlines
• Able to give and receive constructive criticism.

Work experience

• Demonstrated knowledge and experience in course content digitization.
• Demonstrated experience in offering professional ICT training, peer-to-peer learning, or mentorship for users.
• Demonstrated skills and experience delivering on similar or related assignments, including proof of training guidelines, manuals, and curricula developed.
• Sound knowledge of automation of judicial processes, including the applications currently employed by the Judiciary for e-justice platforms.

Technical competencies

• Excellent organizational, interpersonal, and communication skills.
• Excellent work ethic founded on the principles of integrity and confidentiality.