JUSTICE SECTOR PRIORITIES FOR THE 11TH EUROPEAN DEVELOPMENT FUND (EDF)

  • Institution: JUSTICE SECTOR
  • Development Partner: European Union
  • Consultant: Gichira Kibara and Dan Juma

The Justice Sector is one of the key players of the Political Pillar of the Vision 2030. The EU as a strategic partner of many of the institutions in the sector was desirous of priorizing its support for better results during the 11th EDF. CDI was tasked with undertaking an assessment of the status of the justice sector  and identifying  the key priorities  within the various justice sector institutions for the next 5 years. The focus of the report was on the  theme of access to justice in terms of the empowerment of citizens and rights holders to use state and non-state justice sector institutions in claiming rights. The report undertakes a comprehensive review of the justices sector in terms of issues, institutions, programmes, challenges and opportunities. It also identifies the viable priorities that EU can support.

THE KENYA PUBLIC SECTOR COMPLAINTS HANDLING GUIDE

  • Institution: Commission on Administrative Justice (CAJ/ Ombudsman)
  • Development Partner: GIZ
  • Consultant:  Gichira Kibara

This is a guideline on complaints handling for public sector institutions and the general public. The guide details the purpose and nature of complaints within the public sector. It also outlines the legal, policy and institutional framework for complaints handling in Kenya.  This includes the Constitutional requirement for effective complaints handling in the public sector as a means of promoting good governance. The guide explains the mandate and role of an Ombudsman institution in promoting good governance. The guide also sets out the structures and processes for the handling of complaints by the Commission on Administrative Justice (CAJ). It also documents best practices in the work of an Ombudsman from other jurisdictions. The guide is written in simplified, easy to understand language and format.

HIGH COURT ORGANISATION AND ADMINISTRATION ACT 2016

  • Institution: Judiciary
  • Development Partner: International Development Law Organisation (IDLO)
  • Consultant: Gichira Kibara

Our Executive Director was retained by the Judiciary/IDLO to provide policy guidance in the development of the High Court Organization and Administration Act 2016. He facilitated development of  the policy document setting out the  context, issues and parameters for Bill. This involved comprehensive literature review, consultations with key stakeholders and workshops with judges, registrars and staff of the Judiciary. The policy paper examined  the structure of the High Court, the functions of the various offices within the High Court, the mandate of the Court and the Court’s interactions with other courts and Judiciary institutions.

MIDTERM EVALUATION: FOR THE JUDICIAL TRANSFORMATION SUPPORT PROJECT (JTSP)

  • Institution: Judiciary
  • Development Partner: United Nations Development Programme (UNDP)
  • Consultant: Gichira Kibara

CDI conducted a midterm assessment and evaluation of the Judicial Transformation Support Project (JTSP) which was part of the UNDP’s  support towards the Judiciary Transformation Framework (JTF). The assessment was based on the plans and strategies that had been developed under the program. It assessed the relevance, effectiveness, efficiency, impact, sustainability and the lessons learnt from the implementation of the Strategy. The report also documented the recommendations on future implementation of programmes for  the transformation of the Judiciary. The JTSP made substantial contribution to the Judicial Transformation Framework (JTF).

THE RE-ENGINEERING AND PLANNING RETREAT FOR THE STATE DEPARTMENT OF DEVOLUTION

  • Institution: Ministry of Devolution and Planning, State Department of Devolution
  • Donor: USAID-AHADI
  • Consultant: Gichira Kibara

Our Consultant Gichira Kibara facilitated a retreat for the top leadership and officers from all departments of State Department of Devolution on reengineering of the ministry. This was informed by among other things the end of the Constitutional transition period, the end of the tenure of both the Commission for implementation of the Constitution (CIC) and the Transition Authority (TA), development of the National Devolution Policy and the issuing of the Executive Order on the Organization of Government by the president in May, 2016. The retreat provided a platform for examining the role of SDD and the building of consensus on the functions/tasks of the various offices and officers.

CAPACITY BUILDING WORKSHOP FOR LIBERIA MEMBERS OF NATIONAL GOVERNING COUNCIL (NGC) AND THE TECHNICAL RESEARCH INSTITUTE (TRI) ON APRM METHODOLOGIES AND QUESTIONNAIRE

  • Institution: LIBERIA NATIONAL GOVERNING COUNCIL (NGC)
  • Donor: UNECA
  • Consultant: Gichira Kibara

This was an assignment to build the capacity of the members of the Liberia National Governing Council (NGC) on the APRM self-assessment mechanism. It involved elaborating the process of drafting and validation of the self-assessment report detailing how the diversity of opinion would be reflected, citing of evidence, the extent to which the APRM questionnaire needed to be followed and the validation of the questionnaire at the National Level. In addition, the members were trained on the formulation of the APRM plan of action and existing development strategies.

REPORT ON THE AUDIT AND PRIORITISATION OF ALL EXISTING LEGISLATION FOR CONFORMITY WITH THE CONSTITUTION OF KENYA 2010

  • Institution:  Office of the Attorney General and Department of Justice.
  • Client: The Kenya Law Reform Commission
  • Consultant: Gichira Kibara/Dan Juma

The Constitution of Kenya 2010 provides for the review of existing legislation and enactment of new legislation to facilitate its implementation. The primary of objective of the review and enactment of new legislation was to consolidate the reforms in the rule of law, democracy, human rights and good governance encapsulated in Constitution. A key component of the legislative and policy reforms contemplated by the Constitution is the harmonization of existing laws with new constitutional dispensation. The Kenya Law Reform Commission (KLRC) commissioned an audit and review of all Laws of Kenya with a view to revising them and drafting new legislation necessary to ensure their conformity with the Constitution and specifically with the new devolved system.The Audit of laws was to assess the extent of the development of the statutes and to recommend necessary reforms. Our Director  participated in this review which identified the various laws to be reviewed and proposed the enactment of legislation required for effective implementation of the constitution.

REVIEW OF THE SMALL CLAIMS COURT BILL

  • Institution: Commission for implementation of the Constitution (CIC)
  • Development Partner: USAID-AHADI
  • Consultant- Gichira Kibara/Sarah Makena

Small claims courts are an internationally recognized genre of courts where disputes are resolved quickly and inexpensively. The rules of procedure in these courts are simplified and the hearing is informal. In Kenya the need for small claims courts has been recognized for a long time. Promulgation of the new constitution gave momentum to enact legislation to enhance access to justice.CIC commissioned Gichira Kibara to review the bill which had been earlier been developed by the Kenya Law Reform Commission. The consultancy involved comprehensive literature review, stakeholders consultation/interviews, redrafting of the legislation and validation of the reviewed bill. The Bill has now been enacted into law.