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
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
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.