Consultant to Develop the Rapid Reference Guide on Handling and Prosecution of Sexual and Gender-Based Violence Cases for the Office of the Director of Public Prosecutions (ODPP).
Result of Service
The consultant is expected to deliver:
Thorough, well-reasoned written contributions; Regular, timely and effective communication with all stakeholders; One validation session facilitated; Develop a final, comprehensive and validated Rapid Reference Guide for prosecution of SGBV cases Training of trainer’s session facilitated Efficient and effective use of resources.
Work Location
Home-based, with travel to Nairobi and the PLEAD focal regions.
Expected duration
40 Working Days between August and September 2021**Duties and Responsibilities**
Background of the assignment
As the global guardian of the United Nations standards and norms in crime prevention and criminal justice, the United Nations Office on Drugs and Crime (UNODC) is mandated to support Member States in upholding the rule of law, promoting crime prevention and effective, fair, humane and accountable criminal justice systems. Within the framework of the UNODC Regional Programme for Eastern Africa (2016-2021), and in close cooperation with the Regional Section for Africa and the Middle East at UNODC headquarters, the Criminal Justice Programme of ROEA seeks to implement these objectives through support of major justice reforms processes undertaken by East African States.
In line with this mandate the UNODC project ‘Strengthening the Administration of Justice and operationalising alternatives to imprisonment in Kenya’ aims to support the Government of Kenya to strengthen efficiency in delivery of judicial services, enhance coordination within the criminal justice sector and widen the use and application of alternatives to imprisonment. The project is designed to implement a part of the Programme for Legal Aid and Empowerment in Kenya (PLEAD). The Programme is funded by the European Union and targets the counties with the five largest urban centres of the country and seven counties of the most marginalised area within the country (North-Eastern and some Coastal parts of Kenya).
The Office of the Director of Public Prosecutions (ODPP) is an independent Office established by Article 157 of the Constitution 2010. It is responsible for instituting and prosecuting criminal offences, including terrorism and other complex offences, advising investigative agencies on instituting criminal charges, directing and supervising criminal investigations, reviewing prosecutions to ensure that accused persons are prosecuted based on adequate evidence and face appropriate charges in the appropriate court and upholding, protecting and promoting human rights.
In line with the United Nations Sustainable Development Goal 5 (on achieving gender equality and empowering all women and girls, by, inter alia, elimination of all forms of sexual-related violence) and Goal 16 (on promotion of just, peaceful and inclusive societies, and access to justice for all), UNODC seeks to provide technical support to the ODPP in the development of the Rapid Reference Guide on Sexual and Gender-Based Violence (SGBV) Cases. The purpose of the Rapid Reference Guide is to provide a quick reference guide for prosecutors so as to facilitate the prosecution of SGBV cases with ease. Whereas the Guide will be a prosecutorial tool, it will also be beneficial to investigators and judicial officers to improve their response to SGBV cases.
Kenya has enacted various legislations, policies, and regulations on the response, prevention, and management of Sexual and Gender-Based Violence; including The Constitution (2010), the Sexual Offences Act (2006), the Children’s Act (2001) the Penal Code (2009). In addition, Kenya has ratified various regional and international instruments, Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) 1979, the Convention on the Rights of the Child (CRC) 1990, and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol, 2003).
Despite having a well established and progressive normative framework, the conviction rate remains low, and this can be attributed to major factors such as the capacity of the prosecutors and other criminal justice players.
Development of the Rapid Reference Guide for prosecutors will highlight the practice steps towards identifying the charge, ingredients of offenses, and the applicable law, with the aim of securing justice for the victims/survivors of SGBV.
To this end, justification for the development of the Rapid Reference Guide will include:
a) The RRG will be is a practical daily-use toolkit for prosecutors as well as investigators and judicial officers.
b) It will break down all the applicable laws and will guide how to apply them.
c) It will lay out what is required to build an evidential case against the perpetrators of SGBV crimes and related crimes;
d) The best practices and tools will ensure that those committing sexual and Gender-based violence crimes are prosecuted and that every case taken to court can be proven beyond a reasonable doubt.
It is anticipated that prosecutors will be trained to enhance their skills in oral arguments, the presentation of evidence, and cross-examination in cases involving SGBV crime.
Purpose of the assignment
a) The consultant will be responsible to develop a Rapid Reference Guide for prosecution of SGBV cases
Specific tasks to be performed by the consultant
The Consultant will work under the overall supervision of the UNODC Regional Representative for Eastern Africa and the direct supervision of the UNODC ROEA Head of Criminal Justice Programme, and in close technical cooperation with the Programme Officer and the Associate Programme Officers under the Criminal Justice Programme in ROEA.
The consultant will undertake the following tasks:
a) Development of final, comprehensive and validated Rapid Reference Guide for prosecution of SGBV cases
i. Assess for incorporation to the Rapid Reference Guide, all applicable national legislative and policy frameworks, existing rules, norms and standards on SGBV, including, but not limited to:
The Constitution of Kenya (2010); Sexual Offences Act (2006); The Penal Code; Prohibition of Female Genital Mutilation Act (2011); National Gender and Equality Commission Act (2011); HIV and AIDs prevention and Control Act (2006); Victim Protection Act (2014); Witness Protection Act (2006); Marriage Act (2014); Elections Act (2011).
ii. Assess for incorporation to the Rapid Reference Guide, all applicable regional and international norms and standards, that deal with SGBV cases, including the specific situation of women, men, boys and girls, as well as the intersectional aspects of SGBV:
Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW, 1979); Convention on the Rights of the Child (CRC) (1990); Convention on the Rights of Persons with Disabilities (2008) and Optional Protocol; UN Convention against Torture and other Inhuman and Degrading Treatment (1987) and its Optional Protocol; Universal Declaration of Human Rights (1948); Africa Charter on the Rights and Welfare of the Child (1990); Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol, 2003).
iii. Assess for incorporation current practices, policies, guidelines and manuals that have been developed by the ODPP or are applicable to the ODPP, including but not limited to:
The ODPP Decision to Charge Guidelines (2020); The ODPP Diversion Policy (2019); The ODPP Diversion Guidelines and Explanatory Notes (2019); The ODPP Plea Bargaining Guidelines (2019); Ending Sexual and Gender-Based Violence: A Trainer’s Manual for Prosecutors
iv. The content of the developed RRG will include, but not limited to the following:
Introduction to the RRG Legal and Policy Framework International and national legislation Offences covered in these RRG Collecting and presenting evidence on ‘cyber/ technology-facilitated gender-based violence’ (issues such as online grooming/ exploitation and exposure to graphic material) and intimate partner violence Guiding Principles when assisting victims/survivors of violence Standard Operating Procedures for violence-related Offences Interviewing perpetrators of gender-based violence
? Human rights approach
? Victim-centred approach Statement taking evidence Preparation for court
? Pre-trail conference
? Disclosure
? Medical assessment and Response
? Forensic evidence
? Case management Support persons for vulnerable witness Checklist for issues to consider when dealing with different witnesses Jurisdiction Table with indicative evidence to be collected
v. Undertake consultations with designated ODPP representatives and respective actors in the justice sector in the development of the Rapid Reference Guide for prosecution of SGBV cases.
vi. Delivery of a validation workshop on the developed Rapid Reference Guide for prosecution of SGBV cases.
b) Undertake a Training of Trainers’ for the instructors who will be required to deliver the respective trainings on the Rapid Reference Guide
i. Develop a Training Plan based on the developed Reference Guide
ii. Undertake a Training of Trainers o
