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International Justice Mission is a global organization that protects people in poverty from violence. IJM partners with local authorities in 28 offices across 21 countries to combat slavery, violence against women and children, and other forms of abuse against people who are poor. IJM works to rescue and restore victims, hold perpetrators accountable, and help strengthen public justice systems. Started in 2001, IJM’s office in Kenya works to combat police abuse of power against people who are poor, as well as sexual violence against children. IJM’s focus is to ensure the well-being of the families affected by this crime, the swift conviction of all involved, and transformation of Kenya’s public justice system to protect people living in poverty from violence.
In 2018, IJM- Kenya partnered with the U.S. Department of State Bureau of Democracy, Human Rights and Labor (DRL) to implement a two- year project (2018-2021) called Increasing Police Accountability Through Law Enforcement Development in Kenya. Due to Covid 19 pandemic and other related challenges, the project has now been extended for another 2 years. The goal of the project is to reduce arbitrary prosecutions of civilians and increase police accountability by strengthening the investigations of cases of police misconduct.
The project is being implemented in collaboration with the Office of Director of Public Prosecutions, Independent Policing Oversight Authority, National Police Service and the National Police Service- Internal Affairs Unit.
The project was informed by the prevalence of cases of police misconduct at that time. A national level baseline study conducted at the onset of this project established that prevalence of this misconduct was which at the time was established to be 46.2%. In various community dialogue forums that were conducted across the country, communities decried the policing malpractices that had been witnessed among them. Some of the commonly cited forms of violations included; arbitrary/wrongful arrests, murder, enforced disappearances, assault, extortion, harassment, among others. In addition to the foregoing, investigations and prosecutions were conducted in rushed and arbitrary manner in such a way that did not meet the standards of the rule of law.
1.1 IJM Kenya’s Theory of Change
IJM’s theory of change in this project was as follows: The project will increase police accountability for misconduct (in the form of arbitrary prosecutions and extra judicial killings of civilians) by strengthening the capacity of the ODPP to prevent arbitrary felony convictions and by strengthening investigations, prosecutions and disciplinary actions in cases of police misconduct. Ensuring prosecutors effectively apply evidential and public interest tests in their decision to prosecute will serve as a means of police accountability by preventing arbitrary charges from proceeding to prosecution and demonstrating that police misconduct will not be tolerated by the justice system. Police accountability for misconduct is also increased by ensuring that the relevant authorities responsible for bringing abusive police to account (through investigating, prosecuting and disciplinary action) are further equipped and trained.
1.2 Project Objectives
The project was designed to address two objectives and 3 outcomes. Objectives included;
1. Objective 1: Strengthen the evidentiary screen at the inception of criminal proceedings to prevent criminal proceedings being instituted where there is insufficient evidence.*
The project had the following outcomes;
1.3 Project Activities
The following were the key activities that were implemented under the project;
10. Carry out corresponding advocacy activities that draw attention to and increase political will behind the policy initiatives described above.**
2.0 Purpose of the Mid Term Review
The objective of IJM is to strengthen criminal justice systems for improved protection of persons who live in poverty. This is the overall context of IJM’s programming.
This task is a mid-term review that is intended to assess the extent to which the project can be considered to be on course on achieving its objectives and to provide insights on how the project can be improved post review.
Fundamentally the review should analyze whether the project is doing enough to strengthen the criminal justice system with respect to application of decision to chare principles to strengthen investigations and prosecutions as well as ensuring improved quality of investigations. The project particularly worked to strengthen capacities of the ODPP, IPOA, DCI and IAU.
2.1 Key Review Questions
The mid-term review will be required to answer the following key questions;
This is a mixed method review process. The review is expected to collect both quantitative and qualitative data and use appropriate data triangulation methods to arrive at informed review findings. The data should include success stories of change from the target groups/partners.
It is noteworthy that this review should be strongly grounded on the project Theory of Change as well as the approved performance monitoring indicators.
Recommended data collection methods should include but not limited to; detailed document reviews, monitoring data, in-depth interviews, Stakeholder Analysis of change (STANCE), among other viable methods. Some of the key stakeholders include; law enforcement officers, public prosecutors, criminal investigators, survivors network and the missing voices platform).
The key questions of interest consist of the following;
3.1 Review Scope and Criteria
In terms of scope, the review will look at national level system transformations as demonstrated by changes in policies, and in policing and prosecutorial practices, covering the National Police Service, the ODPP, the IAU and the DCI.
The review and reporting thereof should be structured alongside the OECD-DAC framework, which will look at the following dimensions: Efficiency, Effectiveness, Relevance and Sustainability (Too premature to look at impacts at this point). The above 10 questions provided should guide the review and report within this framework.
3.2 Key Deliverables
Key deliverables under this assignment will include the following;
3.3 Ethics, Norms and Standards
The review exercise must be conducted with integrity according to the international program evaluation standards, including; utility, feasibility, propriety and accuracy standards. In addition, the successful consultant(s) must consult appropriately with the IJM MERL dept and Senior Manager-Programs, to ensure that the conduct of this mid-term review meets the program evaluation framework of the IJM.
Finally, IJM is an organization that is driven by Christian values, and thus the review process must be conducted within Christian values and principles. The consultant (s) must also be aware of and practice acceptable ethical research standards, particularly causing no harm to evaluation respondents and subjects.**
3.4 Mid Term Review Timeframe
The review exercise is intended to take no more than 20 days. The assignment is expected to be conducted from mid-March to mid-April 2021. The consultant who is bidding for the assignment should give a clear breakdown of how the process will be undertaken and to be covered within the above specified timeframe.
3.5 Reporting and Supervision
The successful consultant will work under the supervision of the Senior MERL Manager-Kenya Program; but with close consultations with the Senior Programs Manager, Kenya.
4.0 Qualification and Experience
The prospective consultant/firm is expected to demonstrate a fulfillment of the following minimum qualifications;
i) Demonstrable, thorough knowledge of the Kenyan criminal justice system. This should include good knowledge of functions of the ODPP, National Police Service and the Directorate of Criminal Investigations. The lead consultant must have worked in this sector for at least 5 years.
ii) Good mastery and experience of conducting program reviews within the governance and justice sector in Kenya.
iii) Excellent team management capacity, including appropriately qualified staff.
iv) At least a Master’s degree in relevant discipline such as law, public policy, governance, human rights, or any other relevant field (For lead consultant)
v) Minimum of 5 years of demonstrated experience in conducting similar program reviews or evaluations. The application should include reports from 2 sample assignments conducted in the last 5 years.
vi) Strong analytical and report writing skills;
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