Independent Legal Consultant
Terms of
Reference
Enactment
of the “Draft Bill on Natural Resource Development and Management, 2013” into
Law
Background and Context:
Background and Context:
The
corporate member associations have a total membership of nearly 50,000
individual professionals in Kenya alone.
Professionalism
is embedded within the Constitution of Kenya and as such, as the umbrella body
of all professionals in Kenya, APSEA has a stake in the implementation of the
constitution.
APSEA
having realized the urgent need to address the issue of equitable distribution
and management of resources in the country, especially with resources that are
being discovered, such as oil in Turkana, the policy would be the best
guideline to outline how the resources should not only benefit the whole nation
but also provide benefits to the community where the resources are discovered.
APSEA is
cognizant of the need to address Natural Resources Management (NRM) issues in
the country highly.
Currently, APSEA through the NRM Technical team has just concluded the development of a Concept note, a Policy and Draft Bill on the Natural Resource Development and Management, 2013.
Currently, APSEA through the NRM Technical team has just concluded the development of a Concept note, a Policy and Draft Bill on the Natural Resource Development and Management, 2013.
With this,
APSEA will be lobbying Parliament, the Executive and other stakeholders with
the aim of passing the NRM bill and enacting it into law.
This
legislation will address the distribution and management of resources, which
will address the challenges at the counties when dealing with resource sharing.
The
constitution of Kenya, Article, 61 (1) states that all land belongs to the
people of Kenya collectively as a nation, as communities and as individuals.
Goal of the Project
Goal of the Project
The goal of
the project is to have the draft Natural Resource Development and
Management Bill enacted into Law. The Law will guide the sharing of revenue
from the Natural Resources within the Devolved system of Government.
- Expected Consultants Outputs:
It is with this in mind that APSEA wants to engage an Independent Legal
Consultant with a bias in Natural Resource Management to carry out the
following responsibilities under the proper guidance of the APSEA
technical team:
- To engage Parliament, the
Executive, Land Commission and other relevant stakeholders on the
Overarching Policy and Draft Bill on the Natural Resources Development and
Management, 2013.
- To capture the input of the
stakeholders and input in the policy and draft bill that will be enacted
into Law that engages the County government in the natural Resources
equitable entitlement and apportionment in responsive to the needs and
aspirations of the citizens of this Country.
- Prepare Reports and make
presentations on project, Review the existing Overarching NRM concept,
policy and bill through a consultative process involving APSEA Executive,
APSEA NRM Committee, key and relevant GoK stakeholders, CSOs, parliament
and private sector.
- Provide the requisite technical
guidance to facilitate stakeholders decision making as pertains the
domicile of the anticipated Overarching NRM policy & bill.
- Align the policy and bill with
the CoK and other legislations.
- Support the APSEA Chair and NRM
team in championing the policy & bill at different stakeholder levels;
with the goal of building buy-in.
- Participate in developing
strategies that would be applied in advocating and lobbying various
government organs to adopt and support the eventual enactment of the bill.
Deliverables and other provisions
Enactment
of the Draft Bill on Natural Resource Development and Management 2013, into law
Time frame: The consultant shall begin their work in July, 2013 to November 2013
Consultant Qualifications
Time frame: The consultant shall begin their work in July, 2013 to November 2013
Consultant Qualifications
The
Consultant shall have the following qualification:
- A minimum, first degree in law
with specialization in environmental law and/or added courses in
environmental law; OR a hold a first degree in natural resources or
related fields and has rich practical experience in policy and law making
processes.
- Masters degree is an added
advantage.
- Be well versed with
Constitution of Kenya 2010, various natural resource sector legal
frameworks, knowledge of international, frameworks on Natural Resource
Management (NRM) understanding of the Local sector architecture.
- Has strong networks among
technocrats, legislators, civil society and practitioners
- Understands and has practical experience
in legislative process
- Excellent meeting and
facilitation skills.
- Available to commence work as
from July 15th 2013 to December 2013 on an output-based, renewable .
All applications should be sent in
soft copy to apsea@apsea.or.ke by Friday 12th July 2013, 12.00pm
Attention of:
Attention of:
Executive Officer,
Association of Professional Societies of East Africa
