APSEA Independent Legal Consultant Job in Kenya

Independent Legal Consultant
 

Terms of Reference
 

Enactment of the “Draft Bill on Natural Resource Development and Management, 2013” into Law
Background and Context:
 

The Association of Professional Societies in East Africa (APSEA) is the umbrella body of professional associations and societies in Kenya, with a corporate membership of thirty (30) professional associations from diverse professional disciplines. 

The corporate member associations have a total membership of nearly 50,000 individual professionals in Kenya alone. 

Professionalism is embedded within the Constitution of Kenya and as such, as the umbrella body of all professionals in Kenya, APSEA has a stake in the implementation of the constitution.
 

APSEA having realized the urgent need to address the issue of equitable distribution and management of resources in the country, especially with resources that are being discovered, such as oil in Turkana, the policy would be the best guideline to outline how the resources should not only benefit the whole nation but also provide benefits to the community where the resources are discovered.
 

APSEA is cognizant of the need to address Natural Resources Management (NRM) issues in the country highly.

Currently, APSEA through the NRM Technical team has just concluded the development of a Concept note, a Policy and Draft Bill on the Natural Resource Development and Management, 2013.
 

With this, APSEA will be lobbying Parliament, the Executive and other stakeholders with the aim of passing the NRM bill and enacting it into law. 

This legislation will address the distribution and management of resources, which will address the challenges at the counties when dealing with resource sharing.

The constitution of Kenya, Article, 61 (1) states that all land belongs to the people of Kenya collectively as a nation, as communities and as individuals.

Goal of the Project
 

The goal of the project is to have the draft Natural Resource Development and  Management Bill enacted into Law. The Law will guide the sharing of revenue from the Natural Resources within the Devolved system of Government.

• Expected Consultants Outputs: It is with this in mind that APSEA wants to engage an Independent Legal Consultant with a bias in Natural Resource Management to carry out the following responsibilities under the proper guidance of the APSEA technical team:
• To engage Parliament, the Executive, Land Commission and other relevant stakeholders on the Overarching Policy and Draft Bill on the Natural Resources Development and Management, 2013.
• To capture the input of the stakeholders and input in the policy and draft bill that will be enacted into Law that engages the County government in the natural Resources equitable entitlement and apportionment in responsive to the needs and aspirations of the citizens of this Country.
• Prepare Reports and make presentations on project, Review the existing Overarching NRM concept, policy and bill through a consultative process involving APSEA Executive, APSEA NRM Committee, key and relevant GoK stakeholders, CSOs, parliament and private sector.
• Provide the requisite technical guidance to facilitate stakeholders decision making as pertains the domicile of the anticipated Overarching NRM policy & bill.
• Align the policy and bill with the CoK and other legislations.
• Support the APSEA Chair and NRM team in championing the policy & bill at different stakeholder levels; with the goal of building buy-in.
• Participate in developing strategies that would be applied in advocating and lobbying various government organs to adopt and support the eventual enactment of the bill.

Deliverables and other provisions
 

Enactment of the Draft Bill on Natural Resource Development and Management 2013, into law

Time frame: The consultant shall begin their work in July, 2013 to November 2013

Consultant Qualifications
 

The Consultant shall have the following qualification:

• A minimum, first degree in law with specialization in environmental law and/or added courses in environmental law; OR a hold a first degree in natural resources or related fields and has rich practical experience in policy and law making processes.
• Masters degree is an added advantage.
• Be well versed with Constitution of Kenya 2010, various natural resource sector legal frameworks, knowledge of international, frameworks on Natural Resource Management (NRM) understanding  of the Local sector architecture.
• Has strong networks among technocrats, legislators, civil society and practitioners
• Understands and has practical experience in legislative process
• Excellent meeting and facilitation skills.
• Available to commence work as from July 15th 2013 to December 2013 on an output-based,  renewable .

All applications should be sent in soft copy to apsea@apsea.or.ke by Friday 12th July 2013, 12.00pm

Attention of:

Executive Officer,
Association of Professional Societies of East Africa