Consultancy for Developing Standardized Charge Sheets on Corruption and Economic Crimes – ODPP Kenya

Result of ServiceA. Legislation, policies, procedures, case law, and current practices related to the development of charge sheets for corruption and economic crimes — reviewed, completed, and documented. B. i) Specific standardized charge sheets for corruption and economic crimes — drafted in consultation with the appointed Committee of the ODPP. ii) Guidelines for completing and utilizing the standardized charge sheets — drafted. C. One-day validation of the specific standardized charge sheets for corruption and economic crimes — successfully conducted and finalized. D. Final, validated, and comprehensive specific standardized charge sheets for corruption and economic crimes — finalized and submitted to the ODPP. E. Training for prosecutors on the use of the specific standardized charge sheets — successfully delivered. Work LocationHome based Expected duration04 August - 26 September 2025 Duties and Responsibilities1. 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. In addition, UNODC is the custodian of the UN Convention against Corruption (UNCAC) – the only legally binding universal anti-corruption instrument and a unique tool for developing a comprehensive response to this global problem. In line with UNODC’s mission and mandate, the UNODC Strategy 2021-2025, UNODC Strategic Vision for Africa 2030, UNODC Regional Programme for Eastern Africa (2016-2023), 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 adherence with this mandate, and in line with the priorities of the UN Kenya Sustainable Development Cooperation Framework 2022-2026, the second phase of the Programme for Legal Empowerment and Aid Delivery in Kenya (PLEAD II) was designed to support the Republic of Kenya’s adherence to international norms and standards on crime prevention, criminal justice, anti-corruption and human rights. The design of PLEAD II is informed by Kenya’s justice sector reform agenda, current priorities of key criminal justice institutions and citizens’ expectations, as well as the achievements and lessons learned during phase one of PLEAD. The Programme is funded by the European Union and targets nineteen (19) counties in Kenya. The Office of the Director of Public Prosecutions (ODPP) is the National Prosecution Authority mandated under Article 157 of the Constitution of Kenya, to exercise state powers of prosecution, including to institute and undertake criminal proceedings, take over and continue any criminal proceedings commenced in any court and discontinue at any stage before judgment is delivered at any criminal proceedings. The ODPP is responsible for prosecuting criminal cases in Kenya. This requires, inter alia, the adoption of standardized templates for charge sheets to help prosecutors efficiently and effectively make the decision to charge and subsequently present cases in court. UNODC will be supporting the development of specific standardized charge sheets for corruption and economic crimes. The developed templates of the charge sheets will provide guidance to prosecutors in the drafting of appropriate charges while adhering to legal guidelines; ensuring clarity of the charges; promoting uniform prosecutorial responses in corruption and economic crimes cases; and aid in making judicial proceedings efficient. Legal consistency promotes fairness and predictability in corruption-related trials, while enhancing transparency in legal proceedings to enhance public trust in the justice system. Development of the specific charge sheets has been necessitated by the need for standardization, improved efficiency in legal processes, enhanced training of legal staff, and ensuring consistent legal practices across the ODPP. 2. Purpose of the assignment The purpose of this consultancy is to provide technical support and guidance to ODPP in developing specific standardized charge sheets for corruption and economic crime cases in Kenya. 3. Specific tasks to be performed by the consultant The consultant will work under the overall supervision of the UNODC ROEA Head of Criminal Justice Programme and the direct supervision of the PLEAD II Programme Manager, in coordination with the Programme Officers. The Consultant will also work in close collaboration with the working committee appointed by the DPP to develop the specific standardized charge sheets on corruption and economic crimes. The consultant will undertake the following tasks: i. A proposed workplan for the execution of the assignment. ii. Review legislation, policies, procedures and current practices related to development of Charge Sheets on Corruption and Economic Crimes. • Undertake a review of existing case law to identify trends, legal reasoning and Judicial approaches related to drafting of charge sheets, including identification of the most common defective charge sheets; • Identify the notable charge sheets related to broad scope of corruption and economic crimes; • Review legislation, policies and procedures governing the prosecution of corruption and economic crimes; • Undertake interviews with key ODPP staff responsible for prosecution of corruption and economic crimes; • Analyze common practices, inconsistencies, or challenges faced by the ODPP in the drafting of charge sheets on corruption and economic crimes. iii. Develop drafts sample charge sheets for corruption and economic crimes • Undertake the development of specific standardized charge sheets for corruption and economic crimes, in line with applicable legislation, policies and procedures. • The charge sheets should also be in line with the Guidelines developed by the justice sector relating to the prosecution and determination of corruption and economic crime cases: - The ODPP Guidelines on the Decision to Charge, 2019 - The ODPP Plea Bargaining Guidelines, 2019 - Anti-Corruption Strategic Guiding Framework for Kenya's Justice Sector, 2025 - Guidelines for the expeditious trial of Corruption and Economic Crimes cases in Special Magistrates’ Courts in Kenya, 2025 (draft) • Design draft templates for the specific standardized charge sheets; • Ensure templates include all necessary sections that are compatible with the existing Case Management System for the ODPP (Uadilifu); • Develop comprehensive guidelines for filling out and using these templates. iv. Undertake a one-day validation of the draft specific standardized charge sheets • Collect and analyze feedback from the validation session. • Incorporate feedback to the draft specific standardized charge sheets. v. Submit final, validated and comprehensive draft specific standardized charge on corruption and economic crimes for the ODPP vi. Conduct training to prosecutors on the specific standardized charge sheets • Organize training sessions including hands-on training for prosecutors based on the comprehensive guidelines for filling out and using these templates. • Address any questions or concerns raised during training. Qualifications/special skillsAn advanced university degree (Master's degree or equivalent) in law, social sciences, criminology, political science, criminal justice 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 (07) years’ experience working within or providing advisory services to anti-corruption bodies; investigating and/or prosecuting corruption cases in an anti-corruption agency, law enforcement, prosecution services or the judiciary; anti-corruption or criminal justice related work in international organizations, academia, the private sector or a non-governmental organization; or similar relevant experience is required. - Experience in working in a commonwealth jurisdiction is desirable. - Knowledge of the criminal justice sector in Kenya is desirable. LanguagesEnglish and French are the working languages of the United Nations Secretariat. For this position, fluency in oral and written English is required. Knowledge of other United Nations Secretariat languages is an advantage. Additional InformationNot available. No FeeTHE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.