Consultant to Develop Guidelines for Handling Petty Sessions in Magistrates’ Courts

The Kenyan Judiciary is an independent, transparent, and accountable institution anchored in Article 159 of the Constitution of Kenya. Deriving its authority directly from the people of Kenya, the Judiciary is committed to upholding the National Values and Principles of Governance enshrined under Article 10. Its overarching mission is to administer justice fairly, impartially, and expeditiously while expanding access to legal remedies and advancing local jurisprudence in alignment with the rule of law. Pursuant to Article 159(2)(c) of the Constitution, the Judiciary is explicitly mandated to promote alternative forms of dispute resolution. This commitment is anchored in the Judiciary’s strategic blueprint, Social Transformation through Access to Justice (STAJ), which promotes a people-centered multi-door court model to provide accessible, efficient, and varied pathways to justice. Central to operationalizing this multi-door framework is the operationalization of the Court of Petty Sessions.

To support the vision of the STAJ blueprint and enhance the capacity of the multi-door approach, the Judiciary seeks to enhance efficiency, consistency, and standardization in the handling of Petty Sessions across Magistrates’ Courts. Variations in current practice have highlighted the need for a clear institutional framework governing the procedural, administrative, case-management and record-keeping aspects of Petty Sessions. To this end, the Chief Registrar of the Judiciary constituted a Technical Committee on the Development of Guidelines for the Handling of Petty Sessions, mandated to review current practices, challenges and gaps; develop comprehensive Guidelines; and undertake targeted consultations with relevant justice sector stakeholders. With support from IDLO, the Judiciary seeks to engage a consultant to provide specialized technical and drafting support to the Committee in developing practical, standardized, and implementation-ready Guidelines.

Scope of Assignment

To provide technical support to the Committee in developing legally sound, practical, and standardized Guidelines for the Handling of Petty Sessions in Magistrates’ Courts, together with the necessary operational and implementation tools.

• Review relevant legislation, rules, policies, practice directions, manuals and other institutional documents and prepare an inception report setting out the methodology and work plan.
• Undertake a targeted assessment of Petty Session practices in selected Magistrates’ Courts, focusing on the nature of matters handled, procedures, scheduling, roles and responsibilities, case management, record keeping, ICT use, stakeholder coordination and operational challenges.
• Develop Guidelines for handling petty sessions in the Magistrates Court, addressing, among other areas, purpose, scope and application of Petty Sessions; categories and suitability of matters; registration, scheduling and processing of cases; applicable procedures and due-process safeguards; roles and responsibilities of Judicial Officers and court staff; case-flow management and record keeping; ICT and electronic case-management requirements; management of orders, fines and related processes; stakeholder coordination; monitoring and accountability; and implementation and periodic review.
• Develop standardized tools: (i) End-to-End Case Process Flow for Petty Sessions; (ii)Petty Sessions Filing and Screening Checklist; (iii)Sentencing and Non-Custodial Sanctions Checklist;(iv) Petty Sessions Criminal Cause Register.
• Support the Committee in targeted consultations with relevant Judiciary and justice sector stakeholders, document feedback, and incorporate approved recommendations into the Guidelines.

Deliverables

The Consultant will deliver the following:

• An Inception Report setting out the methodology and work plan.
• Guidelines for handling petty sessions in the Magistrates' Court.
• Standardized tools: (i) End-to-End Case Process Flow for Petty Sessions; (ii) Petty Sessions Filing and Screening Checklist; (iii) Sentencing and Non-Custodial Sanctions Checklist; and (iv) Petty Sessions Criminal Cause Register.

Education and Professional Experience

• A University Degree in Law or a related field;
• A certificate in legislative drafting will be an added advantage.

Languages

• Outstanding written and verbal skills in English and in Swahili.

Specific knowledge, skills and competencies

• At least seven (7) years’ relevant professional experience in public policy and administration of justice, judicial reform, criminal justice, legal or policy development;
• Demonstrable experience in developing guidelines, practice directions, SOPs, manuals or comparable institutional instruments;
• Sound knowledge of Kenya’s legal framework and the operations of Courts;
• Experience in legal research, stakeholder consultation and institutional assessments

The consultancy is proposed for 40 working days spread over approximately three months. The final work plan shall be agreed upon at inception.