National Consultant to Review the Zero Draft Guidelines for the Prosecution of Traffic Cases for the ODPP
The consultant will be responsible to undertake the following tasks:
- Review of the zero draft Guidelines for the Prosecution of Traffic Cases in Kenya The key tasks shall include:
- Identify gaps and areas of improvement for incorporation to the from a prosecutorial lens. The draft guidelines should incorporate and/or address the following:
- Streamline offence resolution by implementing instant fines and mobile courts to expedite the resolution of traffic offences, making the process more efficient and accessible;
- Present practical proposals for the effective application of alternatives to prosecution and trial in traffic offences;
- Provide guidelines that promote inter-agency collaboration by encouraging uniform practices among agencies to improve the handling of traffic offences, including timely communication between police and the ODPP regarding charge sheets and evidence provision;
- Recommend proposals aimed at solving the pandemic issuance of Notices to Attend Court, which are often disregarded by offenders;
- Identify the key stakeholders within the traffic sector to enhance their buy-in in the implementation of the guidelines;
- Establish protocols to swiftly present cases involving transit drivers who violate traffic laws in any court, ensuring prompt justice and compliance;
- Provide a Workplan of implementation of the Guidelines, including proposals for public sensitization and targeted trainings of key stakeholders;
- Develop a Monitoring and Evaluation tool on the implementation of the Guidelines.
- The development of the Guidelines for the Prosecution of Traffic Cases for the Office of the Director of Public Prosecution in Kenya shall be in tandem with and guided by: – Normative framework on traffic and related issues, including GoK policies, guidelines and strategies and programmes on traffic reforms; – Resolutions of the NCAJ Working Committee on Traffic Reforms;
- ODPP Guidelines on the Decision to Charge, 2019;
- ODPP Diversion Policy and Guidelines, 2019;
- Plea Bargaining Guidelines and Explanatory Notes, 2019;
- All other existing and applicable policies and guidelines of the ODPP.
- Facilitate two (2) one-day validation sessions (external and internal) of the draft Guidelines for the Prosecution of Traffic Cases for the ODPP
- Submit final, comprehensive and validated Guidelines for the Prosecution of Traffic Cases for the ODPP
- Reporting and other requirements: The consultant will: – Submit a final, comprehensive, and validated Guidelines for the Prosecution of Traffic Cases for the ODPP
Qualifications/special skills
- An advanced university degree (Master’s degree or equivalent) in law, social sciences, criminology, or a 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.
- At least seven (7) years of relevant work experience in the field of criminal justice reform, human rights and/or rule of law is required.
- Experience in the fields of traffic sector reform is desirable
- Experience of providing technical advice to multi-disciplinary teams in government or national stakeholders or international organizations is desirable
- Knowledge of the criminal justice sector in Kenya is desirable