TOR – INDIVIDUAL CONSULTANT TO UNDERTAKE THE DEVELOPMENT OF NATIONAL GOVERNANCE REPORT (NGR) FOR KENYA

AFRICAN PEER REVIEW MECHANISM

“Governance is a prerequisite and a cross cutting factor to achieve visible socio-economic transformation and development”

TERMS OF REFERENCE (TOR) FOR ENGAGING AN INDIVIDUAL CONSULTANT TO UNDERTAKE THE DEVELOPMENT OF NATIONAL GOVERNANCE REPORT (NGR) FOR KENYA

Procurement Number : APRM/005/SIDA/ NGR/ /2020

1.0   Background – Context

In December 2019, the Swedish International Development Corporation Agency approved the APRM-SIDA Project. The project will help strengthen the APRM and contribute to the delivery of its mandate. It will support the implementation of the 2020 – 2023 Strategic Plan and reposition the APRM as an instrument for monitoring AU Agenda 2063 and the SDGs. Apart from addressing the immediate challenges faced by the Mechanism, the grant will help in the review and refinement of the APRM tools and processes, to ensure that the Mechanism remains relevant in a rapidly changing world and is also able to take on board the expanded mandate and expectations of member countries. In this regard, the project is expected to support the following key areas of the APRM: (1) Deepening the APRM Review, (2) Strengthening Civil Society Participation, (3) Strengthening Gender Participation, (4) National Governance Reporting, (5) Corporate Governance (6) Development of AU Guidance Note for State Owned Enteprises (SOEs). These programmes are designed to shape the work of the mechanism.

APRM intends to apply part of the Grant Agreement for payments towards the procurement of Individual Consultant to Undertake the preparation and development of National Governance Report (NGR) for Kenya.

Good governance is generally accepted as a prerequisite for sustainable development and the attainment of aspirations contained in the global and continental instruments and Agendas.  In 2018 the African Union (AU) expanded the mandate of the APRM to include monitoring and reporting on all key aspects of governance. Importantly, at the 28th Ordinary Session, the Assembly decided that the APRM should have the responsibility to oversee monitoring and evaluation in all key governance areas of the continent, including tracking the implementation of the African Union Agenda 2063 and the UN Sustainable Development Goals (SDGs).

At the 32nd African Union Assembly of Heads of State and Government, held in February 2019, in Addis Ababa, Ethiopia, the APRM, in collaboration with Africa Governance Architecture (AGA), presented the Africa Governance Report (AGR) to the Assembly. The Report proposed a range of recommendations for enhancing transformative leadership, such as aligning National Strategies/Visions to the AU Agenda 2063 and the UNSDGs 2030, and the National Plan of Actions of the APRM. Most importantly, the report recommended that countries establish regular national reviews/national governance reports, to assess performance in governance. Further, the AU Assembly urged Member States to develop their National Governance Reports (NGRs) as a self-assessment tool, to own and improve national governance agenda, and to serve as a barometer of the status of national governance in all AU Member States.

To deliver on its new mandate, the APRM is required to develop effective and user-friendly tools that will assist countries to regularly assess and report on their state of governance at national level through regular national governance reports (NGR). The National governance report should take into consideration some key governance indicators such as rule of law, democracy, elections and freedoms, public participation, peace and security, transparency and accountability, human rights and international conventions and socio-economic governance among many others. The report should have a logical flow and provide key policy recommendations that target the improvement of indicator pillars that are performing poorly. The implementation of these recommendations should be part of the assessment of the next edition of the NGR.

Kenya has been identified as one of the pioneer countries to pilot-test the Framework for National Governance Reporting. The study will be undertaken by NAKS in collaboration with APRM Continental Secretariat.

The notions or concept of monitoring and evaluation has been another sine qua non condition to track progress or regress of governance at national and continental levels. Measuring continental governance progress requires an assessment of governance at country level across the continent. Consequently, there is a growing demand for the establishment of systems or mechanisms for monitoring and assessing governance practices on a regular basis.

Thus, the decision by the Assembly of Heads of State and Government, held in February 2019 in Addis Ababa, Ethiopia; urges all AU Member States to regularly develop national governance reports as a self-assessment tool to gauge the status of national governance. As observed above, the expanded mandate of the APRM includes the monitoring, evaluation and reporting on all key aspect of governance as well as to track the progress of implementation of the African Union Agenda 2063 and the UN SDGs Agenda 2030.

The national governance reports will ensure regular, periodic and continuous assessments of selected governance areas. The national governance report (NGR) will not only be based on conventional governance indicators, but also localized or context specific indicators. Further, the reports will also generate timely information/data for all stakeholders and citizens.

To this end, the NAKS will engage a capable Consultant to undertake the development of the National Governance Report of Kenya that lays out available quantitative and qualitative data to evaluate the 7 key governance areas in the Republic of Kenya.

2.0          Objectives of National Governance Report

Kenya has taken cue from the AU initiative and wishes to prepare the 2020 National Governance Report. As such, the NEPAD/APRM Kenya Secretariat (NAKS) seeks the services of a consultant to develop the 2020 NGR for Kenya. The NGR seeks to evaluate the performance of key national governance indicators by utilizing a wide range of specific data sources. Particularly, the NGR seeks to:

1. Provide credible, up-to-date and reliable data on governance issues;
2. National governance reports have the potential to ensure regular, periodic and continuous assessment of selected governance areas,
3. National governance reports imbue a sense of ownership of the country’s governance;
4. National governance reports are a foundation for regular and continuous assessment on governance to detect areas with shortcoming in a view to improve them.
5. Regular reporting assist governments to formulate informed policies but most importantly they can be a source of best practices that can be shared among Member States;
6. Enable the formulation of realistic and actionable and institutions-targeted recommendations for governance improvement

3.0          The assignment

Under direct supervision and guidance of the NEPAD/APRM Kenya Secretariat (NAKS) Project Coordinator and overall authority of the NEPAD/APRM Kenya, Chief Executive Officer; the national Consultant will support the NAKS to develop a National Governance Report comprising of an Introduction, Methodology, detailed performance of indicators, sub-indicators and variables, and policy recommendations for relevant institutions. The Consultant will provide the services to the NAKS along the following milestones:

1. Provide technical direction to measure key governance indicators.
2. Provide Technical support in data collection
3. Develop the Final National Governance Report of Kenya
4. To achieve these milestones, the Consultant shall undertake the following tasks
5. Participate in all meetings organised by NAKS to: 1) map out all data sources, 2) organise the field mission for collection of relevant and reliable data in selected regions of Kenya, 3) devise simple but rigorous methodology 4) organise the Team, 5) develop a roadmap.
6. Work closely with the Coordinating Team of NAKS;
7. Lead and work closely with the NAKS Team for data collection during field missions.

The main steps of development of the NGR by the consultant will include:

1. Collect, review and analyse relevant documents at the national and county level i.e. policy documents, strategic plans, sector plans, MTP III commitments, County Integrated Development Plan (CIDP) Commitments, the Big Four commitments, Agenda 2030 SDGs, AU Agenda 2063
2. Conduct proper analysis of quantitative and qualitative data and produce a draft report (NGR) and submit draft report within the stipulated timeline.
3. Participate in workshops with key stakeholders organised by NAKS to discuss the findings and targeted recommendations;
4. Revise and edit draft report integrating feedback by Stakeholders and submit final copy
5. Produce a well-written and comprehensive report that is tailored to the local context.

• Expected Results/Deliverables

1. Inception report detailing consultant’s understanding/interpretation of the task, overall analytical and facilitation approach and timeline of execution;
2. Data compilation for analysis
3. List of relevant stakeholders to be consulted for data and other required information;
4. Draft NGR for Kenya;
5. Final NGR for Kenya with targeted recommendations

• Duration of the Work
  2020. The duration of contract shall be for a maximum of two working months from September 2020.
  2021. The Consultant will work closely with APRM Continental Secretariat and NAKS Coordinating Team and will from time to time submit the progress of activities as agreed.

• Duty Station
  1. The Consultant shall be based in Kenya and may undertake distance mode of working based on agreed workplan and methodology
  2. The Consultant is expected to use own laptop and other required equipment to carry out the task.

 8.0 Period of the assignment and schedule of payment

As indicated above, the assignment will be conducted in two months and the consultant will be paid upon certification of satisfactory work as per work plan and endorsed by NAKS and APRM Continental Secretariat.

9.0 Required expertise, Qualifications, competencies and Experiences

This project requires individual expert with prior experience in conducting such assignments. APRM and NAKS expects an expression of interest from a highly experienced consultant who is independent and impartial and with grounded expertise in governance matters.

10. Selection/ Evaluation criteria are as follows:

11. Reporting
12. The consultants will report to the Chief Executive Officer, NEPAD/APRM Kenya Secretariat (NAKS), who will be the key contact for overall guidance.
13. Role of NEPAD/APRM Kenya Secretariat

The successful execution of this assignment will require commitment and support from all the actors involved in the process. The NAKS will:

1. Designate a coordinating team for the assignment to support the Consultant;
2. Enlist roles of all involved – the National Governing Council (NGC), Staff, and other stakeholders;
3. Facilitate and organize, internal workshops, technical workshops and all others consultative meetings with key stakeholders as may be necessary;
4. NAKS shall facilitate the work of the consultant and Team to achieve their targets;
5. Facilitate in the collection of required data with required official letters and contacts with Focal points and additional research assistants.
6. Actively participate in the entire process and provide technical data/information during;
   1. Inaugural/inception and planning meetings, mapping out data source including key informants;
   2. Literature review;
   3. Organisation of focus groups for consultations;
   4. Organisation of validation/feedback meetings;
   5. Dissemination of the final report
   6. Commit to follow up on the implementation of targeted recommendations

13. Reservations and Confidentiality

APRM reserves the right to withhold all or a portion of payment if performance is unsatisfactory, if work/output is incomplete, not delivered, or for failure to meet deadlines. In the event of the producer ending the contract prior to delivering all agreed upon products, a portion of the payments shall be returned to the APRM.

The consultant undertakes to maintain confidentiality on all information that is not the public domain and shall not be involved in another assignment that represents a conflict of interest to the prevailing assignment. The Consultant shall undertake to refrain from promoting any political or religious beliefs in the documentary movie which is the subject of this contract.

14. Clarification

Clarification can only be sought through Email: [email protected] during working hours- Monday to Friday time 8.00a.m hrs to 5.00 p.m hours local time

Mode of application/ submission & Documents to be submitted by consultants

The consultant should submit an expression of interest, containing a technical proposal and a Financial proposal. The technical proposal should, among others, list the profile of the consultant, understanding of the ToRS, understanding of the methodology, detailed workplan, references and contact persons.

The financial proposal should give a cost breakdown per milestone and take into consideration all expenses.  The Consultancy fees should be based on rates from recognised international bodies. The proposal should be in USD and inclusive of all taxes and other statutory obligations as may apply.

The Technical & financial Proposal clearly marked ‘REOI: Procurement Number: APRM/005/SIDA/ NGR/ /2020: CONSULTANT TO UNDERTAKE THE PREPARATION AND DEVELOPMENT OF NATIONAL GOVERNANCE REPORT (NGR) FOR KENYA

Shall   be submitted through Email: [email protected] on or before 7^th August  2020 at 11.00hrs local time. Eligible women are encouraged to apply. The REOI shall be opened immediately after the closing date and time.

All applications in writing should be accompanied by up-to-date certified Curriculum Vitae and supporting documents (Note: do not send originals) with the names and addresses of referees, one of which should be the last consultancy and addressed to:

African Peer Review Mechanism

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