National Consultant to review the Zero Draft Guidelines for the prosecution of traffic cases for the ODPP in Kenya

Result of Service- A detailed report summarizing the review of the zero draft of the Guidelines for the Prosecution of Traffic Cases in Kenya. - Successful facilitation of two one-day validation workshops—one internal (ODPP stakeholders) and one external (key partners and stakeholders like the Judiciary, NTSA, and police). - Submission of the final version of the Guidelines for the Prosecution of Traffic Cases in Kenya, fully revised and validated based on the review and stakeholder feedback. Work LocationHome based Expected duration21 July - 29 August 2025 Duties and Responsibilities1. Background of the assignment As the global guardian of UN standards in crime prevention and criminal justice, the United Nations Office on Drugs and Crime (UNODC) supports Member States in upholding the rule of law and promoting fair, effective, humane, and accountable justice systems. Aligned with its mandate and strategic documents—UNODC Strategy 2021–2025, Strategic Vision for Africa 2030, and the Regional Programme for Eastern Africa (2016–2023)—UNODC’s Criminal Justice Programme in Eastern Africa supports major justice reforms across the region. In line with 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 developed to help Kenya meet international standards in crime prevention, criminal justice, anti-corruption, and human rights. Guided by Kenya’s reform agenda and the outcomes of PLEAD I, PLEAD II—funded by the European Union—targets 19 counties. The Office of the Director of Public Prosecutions (ODPP), established under Article 157 of Kenya’s Constitution, is mandated to institute, take over, and discontinue criminal proceedings. ODPP has issued key policy documents, including the Guidelines on the Decision to Charge (2019), Diversion Policy and Guidelines (2019), and Plea-Bargaining Guidelines (2019), to streamline its operations. ODPP now plans to develop and implement guidelines for prosecuting traffic cases, prompted by their high volume—accounting for at least 25% of all cases—which contributes to system inefficiencies and case backlogs. 2. Purpose of the assignment The consultant will be responsible to review the zero draft Guidelines for the Prosecution of Traffic Cases in Kenya and identify gaps and areas of improvement for incorporation to the from a prosecutorial lens; as well as the facilitation of both the internal and external validation processes. 3. Specific tasks to be performed by the consultant The consultant will be responsible to undertake the following tasks: a) Review of the zero draft Guidelines for the Prosecution of Traffic Cases in Kenya The key tasks shall include: i. 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. ii. 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. b) Facilitate two (2) one-day validation sessions (external and internal) of the draft Guidelines for the Prosecution of Traffic Cases for the ODPP c) Submit final, comprehensive and validated Guidelines for the Prosecution of Traffic Cases for the ODPP d) 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 skillsAn 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 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.