IMLU’S MID-TERM STRATEGIC PLAN EVALUATION

TERMS OF REFERENCES (TOR)

INDEPENDENT MEDICO LEGAL UNIT’S MID-TERM STRATEGIC PLAN EVALUATION

Introduction

The Independent Medical Legal Unit (IMLU) is a governance, health, and human rights non-governmental organization. Our work is fostered by a holistic approach that includes litigation, medical and psycho-social rehabilitation, socio-economic empowerment, oversight of government compliance with human rights obligations, and advocacy of political, legal, and institutional reforms that promote accountability, healing, and justice.

Over the last three decades, the organization has supported more than 6,000 victims of torture, and cruel, degrading, and inhumane treatments. We have a national presence of over 300 professionals: doctors, trauma counsellors, advocates, human rights monitors, and journalists.

In February 2022, IMLU launched her five-year strategic plan, 2022-2026 SP. These terms of reference seek to aid in evaluating this strategic plan and provide a wider reflection on the progress made, identify areas requiring strengthening, and also if IMLU is on track towards delivering her 2026 strategic agenda. The findings will also provide a strategic direction for the organization on the second half of the strategy.

Background

IMLU’s 2022-2026 Strategic Plan was developed following successful implementation of the previous strategic plans and work spanning for over three decades. Our engagement has been coined around advocacy for a torture free society by seeking to ensure that the policy and legal environment at the national level in Kenya is conducive for accountability, reparations and rehabilitation for torture victims and survivors.

While developing the strategic plan, IMLU undertook a through contextual analysis which revealed pertinent situations in the past and predicted future trends that were laid out for implementation in this strategic plan.

Over the strategic plan implementation period, the goal has been to ensure that a sustainable environment for accountability, justice and healing for all cases of torture and related violations is established in Kenya. To actualize this, IMLU has partnered and collaborated with different stakeholders in the sector. Our strategy has also been delivered through the network of professionals: doctors, trauma counsellors, advocates, human rights monitors, and journalists across the country.

Objective of the Consultancy

The overall objective of this short-term consultancy is to conduct the midterm strategic plan review. During the review process, the consultant will document and propose appropriate approaches of achieving the goal of the strategic plan.

This independent assessment is to be structured against the standard OECD-DAC evaluation criteria (relevance, coherence, effectiveness, efficiency, impact and sustainability), with the evaluation of impact converted into progress to impact, given that this is a formative, midterm assessment.

A crosscutting criterion of gender, environment and climate responsiveness should be applied as well. Under each criterion, the focus of the assessment should be guided by key assessment questions and detailed sub-questions. The assessment will employ a combination of both primary and secondary data sources, including relevant documentation, a survey and interviews. The evaluation should be guided by the institutional strategic framework premised on its underlying Strategic Objectives.

Specific Objectives:

1. Assess the extent to which the IMLU strategic plan is relevant to the targeted stakeholders, coherence in line with wider contextual issues in Kenya including the policies and governance affecting the human rights spectrum. This will be done by assessing the level of achievement of the expected results as outlined in the institutional results framework.
2. Assess the approach taken by the programme and the extent to which the activities are delivering attainment of the intended objectives of the strategic plan.
3. Assess the level of efficiency of IMLU Programme;
4. Document strategic challenges, lessons learnt and key recommendations for achievement of the 2026 strategic objectives;
5. Assess the extent to which the strategy has mainstreamed gender, environment and conflict.
6. Assess IMLU’s sustainability approach, given the dwindling donor funds and diverse priority areas for development partners and provide recommendations towards the growth and sustainability of IMLU.

Scope of Work

The consultant firm will be expected to conduct a countrywide survey with a representative sample size from each county targeting both the victims and survivors of human rights violations. In addition to these, both state and non-state agencies in the struggle against torture including but not limited to the criminal justice agencies, CSOs, LSK etc. will form key part of the participants in the evaluation exercise. The evaluation exercise will sort information around the following outcome areas from our strategic plan:

1. Accountability mechanisms to prevent torture and related violations
2. Redress, rehabilitation and socio-economic empowerment
3. Institutional strengthening to be a Center of excellence in torture response and accountability. These will include a review of the Resource Mobilization plan and its contribution to IMLU sustainability.

The evaluation will also analyze the context in which our operations are implemented and advice on best strategies of delivering on our mandate for the next 2.5 years remaining in our strategic plan. In addition to these, the consultancy shall:

• Hold an inception meeting with the management to harmonized expectations.
• Review the strategic plan and the monitoring framework for the strategy including other relevant secondary material required for the evaluation.
• Develop and inception report with a clear sampling frame, evaluation matric and key data collection tools.

Key Deliverables

The following are key deliverables for the consultancy firm;

• Develop a detailed inception report with a clear evaluation methodology not limited to evaluation framework, sampling frame, data collection tools, and budget.
• Comprehensive evaluation report
• A results framework for the remining 2.5 years with key recommendations per each output and respective indicator
• Power point presentation of the evaluation reports
• Dissemination of findings/ report in a validation workshop organized by IMLU.

Timelines

The duration of the assignment will be 15 days over a period of two months. This evaluation study will begin in the month of May 2024; however preliminary works may begin earlier such as development of the inception report. The final report incorporating feedback from IMLU team will be submitted 10 days after presentation of the preliminary findings. A validation meeting will be convened with key stakeholders

Future use of Data

During data collection exercise, the consultant should take in to consideration the do-no-harm, survivor centered, gender and safeguarding principles. Due to the level of sensitivity of the data collected, it will be paramount that the consultant adheres to IMLUs data protection policy and the Data protection Act of Kenya.

All data collected will be sole property of IMLU. The consultant must not use the data for their own research purposes, nor license the data to be used by others, without the written consent of IMLU. The raw and synthesized data will be shared with IMLU for future use in the forms/ format agreeable with the consultant.

Requirement and Competencies

1. Functional Competencies

The applicant(s) in the consultancy firm should possess the following;

• Expert knowledge of human rights, legal framework, health and the law;
• Experience of conducting strategy evaluations
• Ability to research and write at a high level;
• Expert knowledge of governance processes;
• Ability to research and conduct interviews with key informants; and
• Experience in the usage of mobile data collection, data analysis and data visualization software’s.

2. Core Competencies:

• Ability to produce high quality outputs in a timely manner while understanding and anticipating the evolving client needs.

• Strong organizational skills;

• Ability to work independently, produce high quality outputs;

• Sound judgment, strategic thinking and the ability to manage competing priorities;

• Demonstrates integrity by modeling IMLUs values;

• Promotes the vision, mission, and strategic goals of IMLU;

• Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.

  3. Education

• The lead consultant should have minimum master’s degree in law, statistics, gender, communication or other social sciences.

• Minimum of 5 years’ demonstratable experience in research, implementation and review of strategic plans, conducting evaluation multi-project evaluations and or in human rights field especially in torture and ill treatment in Kenya.

• The consultant / firm must have demonstrated consultancy track record and be recognized as seasoned professional with a high degree of proficiency, extensive experience in the field of human rights

Bid Requirements

Firms/Consultant(s) who meets the requirements stated should submit an expression of interest (maximum of 5 pages), which should include the following:

• A technical proposal, work plan and evaluation framework, including commitment to be available for the entire assignment period.
• A detailed financial proposal (Attached as an annex)
• Updated resume that clearly spells out qualifications and experience for the key Consultant(s). (Annexed, and are not part of the statement of expression of Interest)
• Reference organizations that have recently (preferably in the last 3 years) contracted the firm/consultant(s) to carry out relevant research/survey or related work.
• The consultant/ firm must be registered under recognized professional bodies and within the laws of the Kenya.
• Sample reports of similar work done in the in the last five years with International Non-governmental organizations.

Evaluation Criteria

The evaluation committee shall evaluate the proposals on the basis of their responsiveness to the Terms of Reference, applying the evaluation criteria;

• Preliminary evaluation
• Technical evaluation
• Financial evaluation

Preliminary evaluation

The following shall form the basis for preliminary evaluation. Interested bidders MUST attach the following.

• Certificate of registration from a recognized professional body/ incorporation.
• Copy of VAT/PIN certificate from KRA.
• Valid Tax compliance certificate
• Should be a firm/individual consultant with office/operational establishments within Kenya.

Technical evaluation.

The evaluation committee shall evaluate the proposals on the basis of their responsiveness to the Terms of Reference, applying the evaluation criteria as follows:

1

Experience in conducting similar services within the last five years. Attach contracts, purchase orders, recommendations etc. 20 points ***(*At least four proof of previous work experience are required)

Previous consultancy experience working in similar assessments with CSOs focus on Human rights, governance advocacy and reforms.

Attached at least two samples of similar work done preferably for an international non-governmental organization with programming around human rights, governance and policy reforms etc. will be an added advantage. 20 points

2

The lead consultant must have a minimum of 6 years’ experience in designing strategic plans, review of strategic plans and conducting evaluations with international NGOs preferably with a broad understanding of human rights issues, governance, political and economic dynamics. 20 points

The consultant/applicant must have a master’s degree in either law, statistics, governance, gender, communication or other social sciences. (Attach academic certification and CV) 20 points

3

Adequacy of methodology in responding to the terms of reference and Proposed Work-plan. (10 points will be awarded for an adequate methodology and 10 points for an adequate work plan) 20 points

Each responsive proposal will be given a technical score. A proposal shall be rejected at this stage if it does not respond to important aspects of the Terms of Reference or if it fails to achieve the minimum technical score of 70%

Financial evaluation

Tenders that are determined to be substantially responsive to the requirements of the Tender Document shall be subjected to price comparison.