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Research Consultancy Job in Kenya


Centre for Rights Education and Awareness

Call for Applications

Expression of Interest in 
Research Consultancy on Traditional Justice Systems and Mechanisms in Nakuru and Meru Counties

About CREAW

Centre for Rights Education and Awareness (CREAW) is a non-governmental, non- partisan organization. 

Our Vision is a just and free society in which women and men exercise equal and full rights and opportunities, and our Mission is to transform the Kenyan society through the promotion and expansion of women’s human rights, rule of law and social justice.

A.    Introduction
  • Expedient access to Justice is one of the most essential tenets necessary for citizens, particularly the poor, marginalized, and vulnerable groups to realize their fundamental human rights. However, justice systems, both formal and informal, often face a myriad challenges which contribute to delayed Justice.
  •  With formal justice systems, challenges lie with inflexible procedures, slow processes, complex laws and policies and prohibitive legal fees. Informal justice systems on the other hand often use traditions and customs as the basis for their decisions many of which are not informed by national laws and policies or human rights instruments which guarantee equal treatment and equality before the law. This has the net effect of perpetuating patriarchal practices and reinforcing practices which further marginalize minority groups such as women and youth.
  • While both systems have their respective short comings, it cannot be denied that  local justice systems  conclude cases  in  a short period of time, have relatively easier and user friendly  processes to follow and are more affordable to engage with than the of the formal justice system. It is in this regard that CREAW seeks the services of a qualified consultant to carry out a qualitative and quantitative baseline study of informal justice systems in Nakuru and Meru and collect data which will inform its access to justice projects in these areas.
B.    Terms of Reference for Consultancy Services

Specifically the consultant shall be required to;
  • Carry out a desk review of the existing context on access justice in Kenya to include legal frameworks, institutional and legislative reforms touching on access to justice.
  • Identify the various Community and traditional  Justice systems and Mechanisms which  exist in Nakuru and Meru Counties  Establish the trend and or modality used in the selection, formation and composition of the Leaders or arbiters, the Level of women participation in decision making, Communities engagement and support for the process etc.
  • Identify the Procedures and actual processes undertaken in receiving entertaining and determining cases before these justice systems, the binding nature and enforceability of such decisions.
  • To establish the number of cases reported to and successfully dispensed by these justice systems within a 12 month cycle.
  • Sample cases decided by these justice systems and establish the rationale used for deciding the cases, the extent to which the decisions reflect or abuse human rights standards and principles and national laws.
  • To assess the level of engagement and partnership that the community justice systems have with their immediate community, the government, private, voluntary and faith based organizations and levels of support, if any, that they receive from either of these sectors.
  • Identify the various gaps (legal, structural and operational) in access to justice that the e identified justice systems in the target areas experience and draw up recommendations on how to address them.
  • Prepare research instruments for the said research project.
  • Train research assistants and spearhead the collection and statistical professional analysis of the data. 
  • Prepare a Baseline report ready for a validation workshop.
  • Take partners through/ facilitate the validation workshop.
  • Work on any amendments after the validation workshop and thereafter prepare the Final research report ready for publication.
The Baseline Survey should take place within duration of 20 working days.

Expected output
  • An accurate, clear and concise baseline report indicating;
  • The existing context on access justice in Kenya to include legal frameworks, institutional and legislative reforms touching on access to justice.
  • The existing nature and procedures of traditional and community justice systems in Meru and Nakuru counties, number and nature of cases decided in a 12 month cycle, nature and basis for decisions made and their reflection of or repugnance to human rights standards and national laws.
  • The level of engagement, partnership and support that the sampled community justice systems have with their immediate community, the government, private, voluntary and faith based organizations
  • Existing gaps (legal, structural and operational) in access to justice that the identified justice systems in the target areas experience practical recommendations on how to address them.
  • Remuneration
  • The consultant’s fees shall be on a negotiated rate, based on proven expertise and subject to statutory deduction.
Terms and Conditions of application
  • The applying candidate must provide a detailed counter proposal that shall
  • Demonstrate expert knowledge and experience around research and a good understanding of formal and informal justice systems in Kenya.
  • Demonstrate proven practical experience in working around access to justice.
  • Proven engagement with formal and informal justice systems will be an added advantage.
All applications must be addressed to the selection panel –CREAW and submitted via electronic mail toconsultancies@creawkenya.org latest by close of business 31st May, 2012

Only shortlisted applicants will be contacted

Disclaimer

CREAW is an equal opportunity employer.
CREAW does not charge any fees at any stage of the recruitment process.

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