Terms of Reference: Drafting of Turkana County Community Safety Bill
Background: Management of local crime and insecurity continues to be an impediment for socio-economic empowerment of communities across Kenya. Room for implementation of community safety initiatives is premised on the full operationalization of community policing implementation model in the country.
However, community-based-policing is still a work in progress in most counties in Kenya. Since inception, county governments have demonstrated commitment to collaborate and augment the national government in building stable, safer, secure and socio-economically empowered communities.
For instance, Machakos and Mombasa County Governments purchased 109 and 48 patrol vehicles for the National Police Service. Turkana, West Pokot, Wajir, Garrissa, Mandera County Government established peace building and conflict management structures and expressed interest to administratively support to strengthening of National Police Reservist systems to augment the effectiveness of community policing within their respective jurisdictions.
In order to have structured and sustainable collaboration between Turkana County Government and the National Security Agencies, the formulation of the Community Safety Policy was mooted by the Office of the Governor.
Community Safety was noted to be the effective approach to build synergy between the two levels of government towards addressing local crime and insecurity. Active partnership between security agencies and communities is envisaged will solve local crime and security problems, promote transparency and accountability, cultivate confidence and trust in the public.
Section 41 (9; a-k) of the NPS Act 2011 establishes the County Policing Authority as the primary supervisory structure for community policing in Kenya. Although security is the prerogative of the National Government, service delivery by County Governments is hinged on safer and secure communities thus necessitating collaboration between the two levels of government.
This collaboration is further provided for by law through cooperation in the operationalization of CPAs. Further, communities are also critical stakeholders in the success of security provision and maintenance of the rule of law by state agencies.
Turkana County is a gateway to Uganda, South Sudan, and Ethiopia, and her security and stability are critical to the entire region. By virtue of the geostrategic location, strengthening her early warning and early response through community safety will have greater benefits to the larger region.
Lack of a county policy on community safety, varying cross border legal policies on community policing, lack of capacity among stakeholders, limited partnership structures and linkages to engage with communities have led to the slow process of operationalization the CPA and community policing in Turkana.
In collaboration with PEACE III through Mercy Corps, and the office of the County Commissioner, Turkana county government seeks to engage the services of a consultant to draft bill to be debated and passed into community safety law by Turkana County Legislative Assembly. The Bill will define the county government roles/mandates, develop community safety structures and public participation towards realization of community safety.
About PEACE III
PEACE III, is a cross border, regional conflict transformation programme funded by USAID Kenyan and East Africa Mission and implemented through PACT as the lead agency and Mercy Corps as the grantee.
It aims to strengthen horizontal and vertical linkages within and between local, national, and regional conflict management actors. PEACE III, operates in Karamoja and Somali Cluster of Horn of Africa. The programme covers Kenya, Uganda, South Sudan, Ethiopia and Somalia. In Karamoja cluster, PEACE III is led by Mercy Corps with operational offices in Lodwar and Kapenguria in Kenya and Moroto in Uganda.
1.0 Objectives of the Consultancy
To draft a community safety bill for Turkana County Government consistent with the constitution and all laws of Kenya and the region.
2.0 Scope of the consultancy
The consultant work shall be consistent to the; Constitution of Kenya 2010, the National Security Council Act 2012, the NPS Act 2011, the IPOA Act 2011, the National Government Coordination Act 2013, the County Government Act 2012, and all other relevant laws and regulations, procedures, and directives regarding; County Policing Authorities, Community Policing and Safety.
The consultant will be responsible to deliver the following specific key tasks;
a. Moderate the process of stakeholder engagement, awareness raising and participation in the Community Safety Bill drafting process;
b. Draft the Community Safety Bill;
c. Collect views from stakeholders (The County Security and Intelligence Committee, The Strategic Delivery Unit in the Office of the Governor, Peace Directorate, relevant Ministries) for a workshop for the review of the Community Safety Bill;
d. Draft bill submitted and presented in two meetings 1) To the County Security Committee and the cabinet; 2) Main meeting with mix stakeholders of Turkana County.
e. Submit the Final bill ready to present to the County Assembly for approval.
The consultancy will result into the following key deliverables
a. Stakeholder analysis report;
b. A report for the bill review workshop.
c. Final Community Safety Bill.
4.0 Consultant eligibility criteria
The consultant shall comply with the following requirements:
a. Be a trained and certified legislative drafter with 2 years practice and experience;
b. Possess a comprehensive understanding of laws establishing devolved governments and existing collaboration frameworks between County Governments, the National Government, and Regional Institutions on policing;
c. Conversant with policy formulation processes with a bias to the borderlands of Eastern Africa region;
d. A thorough understanding of conflict and security challenges specific to Turkana, neighboring countries and the existing policing efforts.
5.0 Work duration
The consultancy shall take a maximum of 32 days spread across 1st September 2018 to 31st October 2018)
6.0 Roles and responsibilities
6.1 Reporting obligations
a. The consultant will report directly to the County Secretary, Turkana County while technically consulting with the County Commissioner.
b. The consultant or consulting firm provides additional staff to support the drafting process.
c. Consultant/consulting firm adhere with county and national policies as well as USAID rules and regulations while carrying out the assignment.
6.2 The role of Turkana County government in collaboration with National government structures
a. Mobilization of stakeholder for engagement, awareness raising and participation in the Community Safety Bill drafting process.
b. Availing relevant county and national government documents for desk review or referencing during the drafting process.
c. Co-financing logistics cost for government officers to participate in the process of drafting process.
d. Convening county executive meetings to review the process and drafted bill to completion.
e. Consolidation of the county executives, national government and general public’s inputs and submission to the consultant for incorporation into the drafting process.
f. Liaise with county Assembly for approval of the bill.
g. Follow up with County executive for finalization and assenting into a law.
6.3 The Role of PEACE III through Mercy Corps
a. Administrative supervision to the consultant
b. Payment of Consultancy fee for drafting of the bill.
c. Support consultant’s logistics. That is, road or air transport as well as accommodation and meals while in the field locations for data collection/ moderations of review meetings and collection of views.
d. Co-finance logistical costs for convening review meetings for stakeholders participating (incl. the final meeting for validation of the bill).
7.0 Payment terms
- 30% – Signing of consultancy agreement and submission of the roadmap of the drafting of the community safety bill.
- 30 % Upon submission of draft bill for validation with County stakeholders in Turkana County government and stakeholders.
- 40 % upon submission of final document accepted by the Turkana County.
8.0 Evaluation Criteria
CLICK HERE to view the detailed evaluation criteria
How to Apply
All interested and qualified candidates /firms are required to submit their applications including cover letters, technical and financial proposals, and Curriculum vitae for the lead experts to: firstname.lastname@example.org before or by 25th August 2018 at 1700 Hrs.
You can submit your questions on email@example.com