Summary
Date Posted: Tuesday, November 09, 2021 , Base Salary: Not Disclosed

JOB DETAILS:
Ref: IJM/KFO/JSI/01/2021
1.0 Background
1.1 About IJM
International Justice Mission is a global organization that protects people in poverty from violence. IJM partners with local authorities in 33 offices across 23 countries to combat slavery, violence against women and children, and other forms of abuse against people who are poor. IJM works to rescue and restore victims, hold perpetrators accountable, and help strengthen public justice systems. Started in 2001, IJM’s office in Kenya works to combat police abuse of power against people who are poor, as well as sexual violence against children. IJM’s focus is to ensure the well-being of the families affected by this crime, the swift conviction of all involved, and strengthening of Kenya’s public justice system to protect people living in poverty from violence.

1.2 Description of the Assignment
IJM Kenya has been combating Police Abuse of Power (hereinafter PAP) through individual casework and targeted system reform projects in the law enforcement and aftercare sectors. The Project is informed by the prevalence of cases of police misconduct. The project is based on the theory of change that strong justice systems contribute to lower prevalence of crime against people who are poor and improved victim outcomes. IJM has observed that effective intervention by the justice system rescues individuals from abuse and holds perpetrators accountable for their crimes. This creates a deterrence effect that contributes to an overall reduction of the prevalence of PAP.
One of the ultimate objectives of the project is to ensure that Criminal Justice System (CJS) institutions consistently and effectively hold police accountable for misconduct. Such institutions include the Office of the Director of Public Prosecutions (ODPP), Independent Policing Oversight Authority (IPOA), Director of Criminal Investigations (DCI) , Internal Affairs Unit (IAU) and the Judiciary through the courts of law.
Among the mechanisms employed to hold police accountable for abuse of power is through filing of civil litigation claims in court by victims/survivors of police abuse of power against the individual perpetrators as well as the State (through the Inspector General of Police and the Ministry of Interior and Coordination of National Government). IJM (Kenya) takes up representation of victims in such cases. Among reliefs granted by the courts in a civil litigation claim involving PAP is the award of compensation if the case is successful.
To achieve the desired impact, it is essential to have a firm commitment of payment for these civil awards (compensation) to victims /survivors of police abuse of power by the State through its designated agents. However, swift payment of compensation for victims of police abuse of power has been a challenge in Kenya.

2.0 Purpose of the consultancy
The purpose of the assignment is to examine and assess both the legal and institutional framework for payment of court awards /compensation for victims of Police Abuse of Power. The consultant is also expected to examine the attributable factors that lead to the delay of monetary compensation to victims of police abuse of power in Kenya.
The consultant shall also provide insight on whether IJM is on course in getting the desired outcome of having a firm commitment by the State to pay compensation to victims of police abuse of power, and whether the current structure of payment of court decrees against the State delivers on the area of compensation. The findings shall inform decisions regarding the programming activities in the area of victim compensation and/or reparations in PAP.
The Consultant shall also formulate some recommendations of what could be done to address on the delay of compensation to victims of PAP in Kenya in the future.

2.1 Key Assignment Questions
The consultant will be required to answer the following key questions.
• To what extent is the State obligated in providing compensation for victims of Police Abuse of Power?
• What is the current legal framework on compensation of victims of Police Abuse of Power?
• Are there any identifiable gaps related to the structure and application of this legal framework in the area of victim compensation in PAP?
• What is the institutional framework and power dynamics involved in payment of compensation claims by victims of PAP?
• What are the underlying factors that are responsible for the delay of compensation for victims/survivors of Police Abuse of power by the State, from the time of award by the Court (or a decision maker) up to the time of actual payment or lack thereof.
• How does compensation of victims of PAP fit into the broader concept of reparations?
• What practices can Kenya borrow from other jurisdictions that are beneficial towards payment of compensation to Victims of PAP.
• What are the recommendations on what could be done to address the delay of payment of compensation claims to victims /survivors of police abuse of power in future?
• What challenges (if any) have impeded IJM from achieving the objective of getting a firm commitment by CJS actors in payment of compensation awards to victims of PAP? What strategic and operational changes should be done to enable the Kenya PAP program to better achieve this objective?
• Does the theory of change of IJM’s PAP project still hold true ? Is the project assumption that a firm commitment and structure for civil awards payment leading to CJS institutions consistently and effectively holding police accountable for misconduct, still valid? What other logical emergent needs/interventions can the project address to support realization of the Project Concept Note sub outcome on Civil awards? (e.g. legislative, policy and administrative changes, etc?)

3.0 Methodology
This is a mixed method review process. The review is expected to collect both quantitative and qualitative data and use appropriate data triangulation methods to arrive at informed findings.
It is noteworthy that this report/study should be strongly grounded on IJM’s project Theory of Change as well as the approved performance monitoring indicators.
Recommended data collection methods should include but not limited to; detailed document reviews, including monitoring data, in-depth interviews, Key Informant Interviews, among other viable methods.
Some of the key stakeholders include; the Executive ( mainly players that are involved in the compensation process of victims of police abuse of power like the National Police Service, Ministry of Interior and Co-ordination of Government and the State Law Office) , The Victim Protection Board, the Judiciary and other justice sector agencies, Parliament through Select Parliamentary Committees; the Survivor Network, Kenya National Commission on Human Rights (KNCHR), CSO’s in the Police Reform Working Group and The United Nations Office of the High Commissioner for Human Rights (OHCHR) based in Kenya.

3.1 Key Deliverables
Key deliverables under this assignment will include the following;
• Inception Report detailing the process to be undertaken in conducting the exercise. This should include the complete set of tools to be used for the exercise as well as stakeholder sampling. The inception report should be submitted within a week from the time of signing the contract.
• The Consultant will prepare a draft report setting out the findings of the Study and will supply the report to IJM- Kenya. The draft of this Report will be presented to IJM Kenya 60 days from the start of this contract. IJM Kenya will provide comments and feedback to the Consultant. The consultant will then integrate that feedback and present the final Report to IJM Kenya.
• Final Report, to be submitted not later than one week after validation meeting of the findings of the Report, which will be presented to the IJM staff.
• Datasets and transcripts based on the type of data collected.

3.2 Ethics, Norms and Standards
The review exercise must be conducted with integrity according to the international program evaluation standards, including; utility, feasibility, propriety and accuracy standards. In addition, the successful Consultant or Consulting firm(s) must consult appropriately with Senior Manager-Justice Systems Interventions to ensure that the conduct of the assignment meets the program evaluation framework of the IJM.
Finally, IJM is an organization that is driven by Christian values, and thus the review process must be conducted within Christian values and principles. The Consultant must also be aware of and practice acceptable ethical research standards, particularly causing no harm to evaluation respondents and subjects.

3.3 Assignment Timeframe
The review exercise is intended to take no more than 60 days. The assignment is expected to be conducted from Mid-January 2022 to mid-March 2022. The Consultant bidding for the assignment should give a clear breakdown of how the process will be undertaken and to be covered within the above specified timeframe.

3.4 Reporting and Supervision
The successful Consultant will work under the supervision of the Senior Manager-Justice System Interventions; but with close consultations with the Senior MERL Manager, Kenya.

4.0 Qualification and Experience
The prospective Consultant / Consulting firm is expected to demonstrate a fulfillment of the following minimum qualifications;
• Demonstrable, thorough knowledge of the Kenyan criminal justice system, International human rights law, rule of law programming, including transitional justice
• Experience in providing technical advice/capacity building on rule of law issues.
• Good mastery and experience of conducting program reviews within the governance and justice sector in Kenya.
• Excellent team management capacity, including appropriately qualified staff where a team is involved.
• At least a Masters degree in relevant discipline such as law, public policy, governance, human rights, or any other relevant field (For the lead Consultant)
• Minimum of 5 years of demonstrated experience in undertaking of similar assignment. The application should include a report from 1 sample assignment conducted in the last 5 years.
• Strong analytical and report writing skills;

4.1 Application Instructions
Interested individual Consultant and consultancy firms are encouraged to send their bids, which should include the following:
• A letter of interest
• A technical proposal (maximum of 10 pages) that summarizes the Consulting firm’s or Consultant’s interpretation of the ToR. The proposal should also have detailed timeline and activity schedule of implementation of the assignment (Tentative date for start of assignment is 6th January 2022). If a team is being proposed, the technical proposal should summarize the team composition and responsibilities of each member.
• A copy of curriculum vitae (CV) of the Consultant or lead consultant in a Consulting firm (and core team members, particularly the lead Subject Matter Expert) which should outline their qualifications and relevant experience with respect to this assignment.
• A financial proposal with a detailed breakdown of budget lines and costs (in Kenyan shillings) for conducting the review, including:
• § Itemized Consultancy fees/costs
• § Itemized field related and overhead expenses if applicable.
• A sample report from a similar assignment, conducted in the last 5 years; with 2 clear referees (names and contacts) from those assignments.
• Up to date Certificate of Tax compliance

Work Hours: 8

Experience in Months: 60

Level of Education: Postgraduate Degree

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Job application procedure
Interested candidates are advised to send their bids via email to: kenyarecruiting@ijm.org , with the subject line entitled *“Consultancy on Compensation for Victims of Police Abuse of Power: Explaining and addressing Delays”***. The applications must be received by Close of Business, 30th November 2021. Only shortlisted candidates will be contacted. Any form of canvassing will lead to disqualification from the bid.
IJM is an equal opportunity employer.

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