Duties and Responsibilities
1. Background of the assignment: Over the years, Kenya’s Probation and Aftercare Service (PACS) has faced challenges in effectively supervising and rehabilitating offenders due to the absence of a comprehensive legal framework. The current primary probation legislation, rooted in English common law from 1943, has undergone minimal amendments since independence. The Community Service Orders Act, in existence for 23 years, adds to the complexity with conflicting and overlapping clauses. The statutes supporting PACS lack clarity in mandates, allowing unsupported functions to be added without clear guidelines. Non-coercive approaches like community service have proven effective in preventing violent extremism and fostering community development. Non-custodial measures not only contribute to the improvement of communities and the economy but also promote respect for the rule of law and human rights. They enhance jurisprudence, enabling courts to operationalize rulings in similar jurisdictions, including the transfer of offenders. The penal system, incorporating community sentences under PACS, requires effective supervision and rehabilitation. PACS plays a crucial role in ensuring public safety, holding offenders accountable, and facilitating their rehabilitation. The department is expected to intervene, offer treatment, and provide advisory reports to the courts and other release organs. The 2010 Constitution and other statutes necessitate a reevaluation of probation laws, aligning them with contemporary legal requirements and addressing specialized offender categories. To overcome challenges in applying scattered laws, administering evidence-based programs, and ensuring resource mobilization, an amendment of PACS legislations is essential. A comprehensive probation legislation that harmonizes scattered pieces of legislation, aligns with human rights principles, and supports effective offender supervision is necessary. In response to these needs, the UNODC, through the PLEAD II Project, will support PACS in reviewing its legislation to align with national and international standards for crime prevention and criminal justice. This initiative is based on findings from the PACS Change Management Assessment Report and the Training Needs Assessment for Probation Officers in 2020, highlighting the need for a more inclusive and appropriately resourced legal framework. 2. Purpose of the assignment: The assignment aims at producing a contemporary legal framework for Probation and Aftercare Service that will support various probation functions and programmes including probation court work, supervision, rehabilitation, reintegration and aftercare of offenders under various community sanctions including bail supervision and parole. Thus, the overall objective for the assignment is to provide technical advice to the multi-sectoral committee and PACS during the development process of the Probation Bill and other related tasks based on promising and applicable probation practices; the Constitution of Kenya, 2010; international standards and the opinion of the people of Kenya. 3. Specific tasks to be performed by the consultant: Under the overall supervision of the Regional Representative in the UNODC Regional Office for Eastern Africa (ROEA) and the direct supervision of the UNODC ROEA Head of the Crime Prevention and Criminal Justice Programme, and in close cooperation and consultation with PACS and the appointed multi-sectoral committee, the consultant will perform the following substantive duties and responsibilities: Development of an inception report • The consultant, in consultation with Committee and PACS, will prepare an inception report which shall detail his/her understanding of the assignment founded on the terms of reference. The inception report will also provide detailed timelines and methodology to be applied to ensure a smooth process of the development of Probation Bill. • Work jointly with PACS, the Committee and UNODC to present the inception report to the Principal Secretary for the State Department of Correctional Services (this can be done after the inaugural workshop). Inaugural Workshop for the Committee • In consultation with UNODC and PACS, facilitate the inaugural workshop with the multi-sectoral committee to define and explain the responsibilities of each partner participating for clarity of purpose. • Finalize and reshare the agreed upon terms of reference outlining the scope of work for the committee as a basis for operational framework. • Produce the workshop’s report detailing the main outcomes of the deliberations. • Provide technical advice to PACS and the committee in preparing a brief for the Principal Secretary for the State Department of Correctional Services on the agreed upon operational framework. Conduct a desk-review of the community corrections. • Carry out a desk review, collect, collate and analyze and make recommendations on promising practices that may require legal provisions to inform decisions and for consideration by the Committee. • Identify international legal instruments and standard minimum rules that promote human rights including those that are gender responsive and can be applicable to probation practice in Kenya. • Review various literatures and justice sector policies touching on community corrections as well as legal and regulatory framework relevant to the assignment. • Review and make presentation to the committee on specific aspects of Probation, Community Service, Parole, Probation bail work and victims work and other relevant areas. • Review relevant PACS’ outputs and reports and identify possible legislative issues relevant therein. • Undertake review of strategic plans, operational instruments and other policy instruments from various local and other jurisdictions that have a bearing with noncustodial work in Kenya. • Present the desk review report to PACS, UNODC and the Committee. • Provide technical advice to PACS and the committee in preparing a brief for the Principal Secretary for the State Department of Correctional Services on the outcome of the desk review highlighting main points. Development of the tools for public engagement • Lead the process of developing public engagement tools for collection of views on the envisioned Bill such as questionnaires, among other appropriate tools and methodology for data collection. • Present to UNODC a report on the data collection methodology agreed upon by PACS and the Committee including the tools to be used for data collection. • Provide technical advice to PACS and the committee in preparing a brief for the Principal Secretary for the State Department of Correctional Services on the agreed upon data collection tools. Public participation process in line with the Constitution of Kenya, 2010 and the Statutory Instruments Act, 2013 . • Facilitate the holding of consultative meetings with stakeholders to identify gaps, perspectives and legislative proposals. • Make field visits to key institutions, offices and engage relevant actors and justice sector service users and conduct interviews and consultations. • Hold focus group discussions and elicit the views of senior officials of PACS, Judiciary, POMAC, citizens and civil society organizations working in the area of administration of justice. • Lead in the compilation and analysis of the feedback from the field stations, questionnaires and memoranda from stakeholders • Lead the drafting of public participation status report with findings and recommendations. • Provide technical advice to PACS and the committee in preparing a brief for the Principal Secretary for the State Department of Correctional Services on the public participation report including its findings and recommendations. Development of the Probation Bill • Draft a suitable service delivery structure in line with approved policy documents on personnel that is desirable for delivering effective probation work including that which can promote positive relationship with Police, Judiciary, Prisons, Prosecutions and other relevant non state actors. • Identify noncustodial practices that have no proper legal and or policy anchorage and make legislative proposal for consideration by the committee. • Draft briefs, on selected topical areas, as will be assigned, bearing on aspects of probation work to enlighten scope of understanding and decision making by PACS, the Committee and the Principal Secretary for the State Department of Correctional Services. • Support the development of a comprehensive legal framework to provide anchorage to effective noncustodial practice for Probation and Aftercare Service (PACS) covering its current and envisaged functions in Kenya. • Provide technical advice and expertise on matters of probation and noncustodial measures during the legislation drafting process of the Probation Bill. • Make a process report containing other necessary operational and procedural recommendations as necessary. • Provide technical advice to PACS and the committee in preparing a brief for the Principal Secretary for the State Department of Correctional Services on the draft Probation Bill and the development process report. Stakeholder validation process • Lead the process of circulating the draft Probation Bill for second stakeholder participation and deliberation and incorporation of their comments to the draft Bill. • Preside over the verification and validation workshops aligned to this task. • Lead the process of incorporation of views from validation process including producing reports related to this task. • Provide technical advice to PACS and the committee in preparing a brief for the Principal Secretary for the State Department of Correctional Services on the validated draft Probation Bill and the validation process report. Reporting and other requirements • Complete a final, comprehensive and output oriented report, submitted not later than three working days prior to the end of the consultancy
Qualifications/special skills
An advanced university degree (master’s degree or equivalent) in law, criminology, criminal justice or related field is required. A first level university degree in similar fields in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree. • Minimum 10 years relevant work experience in criminal justice field preferably including development of policy and legislative instruments is required. • Experience in probation work and in capacity building for criminal justice agencies is required. • Experience in legislative development and in providing technical advice to multidisciplinary teams in government or national stakeholders in the areas of criminal justice, probation and victim services is desirable. • Proven understanding of probation practice in a commonwealth criminal justice system and experience in working with offenders on noncustodial sanctions is desirable.