Short-term Technical Experts for Training of Land and Environment Court Users Commitee on Natural Resource Management

Overview & Responsibilities

About NCAJ

The National Council on the Administration of Justice (NCAJ), established under Section 34 of the Judicial Service Act (No. 1 of 2011), was formally launched on August 11, 2011. It is high-level policymaking, implementation and oversight coordinating mechanism, composed of State and non-State actors from the justice sector. The mandate as stipulated in the Act is to ensure a coordinated, efficient, effective and consultative approach in the administration of justice and reform of the justice system.

To learn more about NCAJ, please visit our website https://ncaj.go.ke/about/.

Background

Sustainable Development Goals set concrete targets for achieving Environmental Justice (EJ), such as ensuring that all people have access to clean water and sanitation (Goal 6), affordable and sustainable energy (Goal 7), sustainable industrialization (Goal 9) and inclusive, safe and resilient cities (Goal 11); and urgent action to combat climate and its impacts (Goal 13). SDG Goal 16 is also closely related to the ambitions of EJ in that it explicitly aims to achieve access to justice for all. SDG 16, in particular, “calls for non-discriminatory laws and policies for sustainable development – to ensure that the SDGs leave no one behind”. It also requires states to provide inclusive processes for decision-making, access by the public to information and equitable access to justice, thereby empowering people to direct the various development elements.

The associated targets of SDG 13 focus on integrating climate change measures into national policies, improvement of education, awareness-raising and institutional capacity on climate change mitigation, adaptation, impact reduction and early warnings. Kenya has enacted national policies and legislation to regulate climate change. Article 42 of the Constitution provides for the right to a clean and healthy environment, including the right to have the environment protected for the benefit of generations through legislative and other measures. This Constitutional obligation exists to ensure that measures are implemented and enforced to protect against climate change and other environmental risks.

The 2010 Constitution has made a place for applying Alternative Dispute Resolution (ADR) and traditional justice systems in enhancing access to justice within Article 159 of the Constitution. However, article 159 (3) of the Constitution places restrictions on how such traditional and customary dispute resolution can be applied by requiring that traditional dispute resolution mechanisms shall not be used in a way that—(a) contravenes the Bill of Rights;(b) is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality, or (c) is inconsistent with this Constitution or any written law. Article 60 of the Constitution also mandates that the state apply traditional dispute resolution to land disputes.

Therefore, Court Users Committees (CUC) provide an essential platform for actors in the justice sector at the local, county and national levels to consider improvements in the operation of the courts, coordinate functions of all agencies within the justice system and improve the interaction of these stakeholders in the administration of ADR mechanisms. For the Judiciary to achieve its objective of access to and expeditious delivery of justice to all, the actors in the justice chain need to be strengthened to perform corresponding and complementary roles. In addition, the composition of CUCs creates an opportunity for traditional leaders to have a structured engagement with formal justice actors. In particular, the Land and Environment CUCs bring together actors at the grassroots level to engage, participate and address cross-institutional challenges that adversely affect the efficient administration of justice and service delivery.

In light of this, IDLO supports NCAJ in offering training for Court Users Committee on Natural Resource Management to improve the adjudication of cases and strengthen coordination mechanisms. To undertake the training, NCAJ seeks to engage three (3) consultants for a short-term, single engagement contract.

The Assignment

Under the supervision of IDLO and NCAJ, the following are the thematic areas the Experts are expected to address:

• Policy and legislative foundations of NRM; Global, Regional and Country level;
• Climate Conscious Legal Practice-practicable coordinated litigation and mitigation approaches to Natural Resource Management;
• Vulnerabilities and inequalities contributing to and exacerbated by climate change;
• The role of adjudicating bodies at the national and devolved systems of Government (Comparative Jurisprudence of Natural Resource Management in select counties);
• Rule of Law approaches to Natural Resources Management;
• Development of scorecards for Court Users Committees on Natural Resources Management.
• Sensitization on the Court Annexed Alternative Justice System Programme.

Key Deliverables

The outputs arising from this assignment, the key deliverables shall comprise the following—

• Inception report indicating an understanding of the assignment and how it will be undertaken and pre and post-assessment tools.
• A scorecard for Court Users Committees.

Remuneration for Engagement

Lump-sum for performing all tasks and services and producing the Deliverables, all fees are subject to a 5% KRA withholding tax.

Job Requirements

Ideal Candidate Profile

The selected Expert will possess the following qualifications and experience.

a) Hold a Bachelor of Law, Environmental Studies/Science and post-graduate qualifications in law is an added advantage.

b) Demonstrate in-depth experience in legal and policy frameworks in Environment and Climate Change fields.

c) At least 7 years experience conducting teaching, training, and other capacity-building initiatives within Environment and Climate Change.

d) Broad knowledge and understanding of the rule of law and general law-making processes in Kenya at the policy, planning, and implementation levels.

e) Possess a strong work ethic characterized by the desire to achieve results. Strong problem-solving skills, with a high degree of a personal and professional organization.

f) Ability to multi-task in a high-pressure environment, respond rapidly to ad hoc requests, meet tight deadlines, and ensure diplomacy and tact when engaging with prominent public figures.

g) Ability to work independently and flexibly to deliver the agreed outputs and respond to feedback promptly and professionally.

h) Computer savvy, able to navigate necessary programs with proficiency.

i) Possess excellent interpersonal and communication skills, including strong writing and presentation skills in English.

j) High levels of integrity and ability to maintain confidentiality.

Terms & Conditions

IDLO is an Equal Opportunity Employer and values diversity in all areas of its operations. We welcome applications from qualified and diverse candidates.

IDLO is committed to achieving a 50/50 gender balance at all levels within its workforce. Female candidates are strongly encouraged to apply for IDLO vacancies.

IDLO does not tolerate sexual exploitation or abuse, any kind of harassment, including harassment of a sexual nature, or discrimination. As such, IDLO will conduct careful reference and background checks of all selected candidates as part of its selection process.

Application deadline is 20th March 2023.

DISCLAIMER
The above statements are intended to describe the general nature and level of the work being performed by the employee/consultant/intern assigned to this work. This may not be an exhaustive list of all duties and responsibilities. The Director-General of IDLO reserves the right to amend and change responsibilities or even to cancel the consultancy opportunity to meet business and organizational needs as necessary. All applications will be treated with the strictest confidentiality and in compliance with IDLO’s policy on personal data protection.