CONSULTANCY SERVICES:DEVELOPMENT OF A HANDBOOK ON PROTECTION ORDERS 120 views

Coalition on Violence Against Women (COVAW) is a national Kenyan not-for-profit women’s rights organization. We are committed to advancing women’s rights; and work towards achieving a society free from all forms of Violence Against Women and Girls (VAWG). COVAW was founded in 1995 as a response to the silence of the Kenyan society to addressing VAWG. COVAW implements projects under five (5) strategic focus areas including: Access to Comprehensive Sexual and Gender Based Violence (SGBV) and Sexual and Reproductive Health Rights (SRHR) Services; Women’s Economic Empowerment; Women’s Leadership Development; Access to Justice; and Institutional Development.

The strict measures adopted during this COVID-19 pandemic like social distancing, dusk to dawn curfews and self-isolation has had a negative impact on the lives of girls and women including increased cases of SGBV. COVAW is continuously supporting survivors of domestic violence by providing pro bono legal assistance, following up on reports already made and giving guidance on securing custody of their children, after they have initially fled from the abusive environment. Unfortunately, most survivors of SGBV are not able to flee the abusive environment or access safe and protective spaces where they can seek temporary refuge because shelters are scarce in the country.

The Protection Against Domestic Violence Act, No. 2 of 2015 (“the Act”) provides for the protection of victims and/or their children from a perpetrator who has committed, is committing or threatening to commit an act of domestic violence. Section 8 of the Act allows any person in a domestic relationship to apply to the Court for a protection order in respect of that other person. Once acquired, the protection order among other things, directs the perpetrator against physically or sexually abusing or threatening to abuse the protected person as per section 19 of which, non-compliance has consequences. To enhance access to justice, COVAW is seeking to raise awareness on protection orders (commonly referred to as restraining orders) as a deterrent measure to potential and habitual perpetrators of violence since there is recourse for the survivor in a court of law and there is punishment for breach of protection orders once issued which includes a fine and/or imprisonment.

To this end, COVAW is looking for a consultant to develop a handbook on how survivors of domestic violence can use protection orders as a protection measure and recourse in the court of law against abuse.

PURPOSE OF THE CONSULTANCY

The primary purpose of the consultancy is to develop a handbook on protection orders that highlights the law provisions and the practice of protection orders in Kenya for GBV survivors, packaged in a simple and easy to understand manner, to ease public consumption. The handbook should be done in English and Kiswahili.

Broadly, the handbook should cover the SCOPE, below:

· A summary of protection order practices from at least 5 countries, 2 of which should be countries in Africa.

· Cover the law and practice of protection orders as provided for under the Domestic Violence Act in Kenya, for GBV survivors.

· Provide a step-by-step approach on how to apply for a protection order.

· Highlight two case studies related to protection orders application in Kenya

· Make targeted recommendations for various stakeholders.

The consultant should:

· Provide an inception document, which should espouse the Consultant’s understanding of the Terms of Reference (Tore), methodology and with a financial proposal.

· Conduct desk review/research and key informant interviews on the Protection Against Domestic Violence Act and other existing laws and policies relevant to the handbook.

· Conduct desk review/research and a survey on extent of awareness of restraining orders and the process of acquiring one.

· Conduct interviews with GBV survivors who have applied for protection orders before and develop 2 case studies.

· Ensure that the content is supported by references.

EXPECTED DELIVERABLES

The selected consultant should deliver the following:

· Inception document: The inception document for the handbook should include a clear methodology for the development of the handbook

· 1^st Draft Document. The draft document will contain information as indicated in the scope above. **

Timely feedback on the 1st draft will be provided by the program team.

· 2^nd Draft Documents- The revised documents will synthesize all information, conclusions and recommendations taking into account all comments and additions from COVAW following the submission of the 1^st Draft Document.**

· Validation meeting: COVAW will organize a feedback meeting. The consultant will make a presentation to the program team on the contents of the handbook. The meeting will be an opportunity to clarify outstanding aspects of the handbook before their finalization.**

· Produce final document: The consultant will be expected to produce the handbook which will include the main issues discussed and all the components provided by COVAW during the validation meeting. The consultant shall determine the substantive content of the resources. The handbook should be a maximum of 16 pages. The handbook must be formatted (edited, content layout and design) ready for publication (in a printable final version). Must submit one printed copy.

MANAGEMENT AND TIMEFRAME

The consultancy is expected to run for 4 Weeks. The consultant will be supervised and guided directly by COVAW and the consultant will be required to meet the expected deliverables listed during the period of the consultancy.

COVAW will be responsible for the following:

1. Holding an entry meeting with the consultant.

2. Sharing the relevant COVAW background organizational information and provide contacts for the program team in charge.

3. Review, discuss and improve the drafts produced from review.

4. Providing the consultant with specific information and feedback within the stipulated time.

5. Validate the final handbook.

SKILLS AND EXPEREINCE

· A degree in Law and an advocate of the High Court

· 8 Years’ experience in handling Domestic Violence Cases

· At least 5 years’ experience in the development of legal materials on human rights

· Strong gender knowledge and experience

· Excellent knowledge of the Protection Against Domestic Violence Act, Sexual Offences Act and other related laws

· Excellent knowledge of GBV prevention and response including engagement with law enforcement agencies and the judiciary.