GFPREQ01858 – TERMS OF REFERENCE (TOR) FOR TRAINING COMMUNITY PARALEGALS TARGETING YOUNG WOMEN, PEOPLE LIVING WITH HIV AND KEY POPULATIONS At Kenya Red Cross


https://www.redcross.or.ke/uploads/tenders/pr3222022GFPREQ01858GFPREQ01858-TERMSOFREFERENCE(TOR)FORTRAININGCOMMUNITYPARALEGALSTARGETINGYOUNGWOMEN,PEOPLELIVINGWITHHIVANDKEYPOPULATIONS.pdf

1.1 Summary

1.1. Purpose: To procure consultancy services for training of community paralegals targeting young women (YW), People living with HIV (PLHIV) and Key populations (KPs)

1.2. Donor: Global funds HIV Grant

1.3. Duration: 21 days for 11 clusters in 6 regions

1.4. Estimated Dates: Starting April 25th to May 13th 2022

1.5. Target Population: YW, PLHIV and KPs

1.6. Deliverables: Training of community paralegals focusing on YWs, PLHIV and KPs

1.7. Management Team: KRCS Program team.

1.2 Description of the project

Kenya Red Cross Society (KRCS) is the non-state Principal Recipient (PR) for the Global Fund HIV Grant, running from July 2021 to June 2024 (NFM3). The goal of the grant is to contribute to the attainment of universal health coverage through comprehensive HIV prevention, treatment and care for all people in Kenya while the objectives is to reduce new HIV infections by 75%. reduce AIDs related mortality by 50% and reduce HIV related stigma and discrimination to less than 25%.

Community paralegals are a very critical resource in enhancing the capacity of key populations, young people and people living with HIV (PLHIV) on matters of legal and human rights. The training will strengthen capacity at community paralegals in identification of human rights violations, linking the communities to legal support services and facilitating the redress. Training the community paralegals will also be increasing the legal and human rights awareness at community level among these populations that are disproportionally affected by human rights violations. The trained community paralegals will increase community awareness and support the empowerment of young women, key populations and people living with HIV to actively claim their rights and address barriers to HIV, TB and Malaria services. They will use the knowledge of law and the acquired skills like mediation, organizing, education, and advocacy to seek solutions in instances of injustice in their areas of coverage

1.3 Problem statement

HIV-related discrimination is often deeply interwoven with other forms of discrimination based on gender and gender identity, sexual orientation, race, disability, drug use and immigration status. Sex workers, prisoners or formerly incarcerated persons also face compounded discrimination. Access to justice for human rights violations remains a challenge, particularly for key affected populations, young women and people living with HIV. This is largely due to low levels of awareness on legal rights, inefficiencies within law enforcement institutions and underutilization of available avenues for dispute resolution.

It is important to note that while the overall stigma index for Kenya in 2014 was 45% the findings of the current PLHIV stigma survey index is at 23.28%. Notably, the current PLHIV stigma index survey used a standard tool generated by the global partnership on stigma index.

Access to justice is a fundamental right, as well as a prerequisite for the protection of all other human rights. The success of HIV prevention efforts is dependent on protecting and promoting the rights of those who are socially excluded, silenced, and vulnerable. This will enable groups that are disproportionately vulnerable to HIV infection, such PLHIV, KPs and YW to recognize rights violations, assert and defend their rights through individual and collective action.

1.4 Current situation

According to the KDHS 2014 the percentage of women reporting accepting attitudes towards PLHIV reduced from 33% in 2010 to 26% in 2014. Similarly, the same indicator showed a decrease from 48% to 44% among men who reported accepting attitudes. Programmatic reports show that specific groups, such as key populations, continue to face stigma and discrimination even in health care settings. There is need to address policy and legal barriers that impact negatively on access to HIV services. Women and girls remain disproportionately affected by poverty, violence and injustice that make them vulnerable to HIV. Unequal gender norms deny women and girls.

Key Populations (KP) include sex workers, gay men and other men who have sex with men, transgender people, people who inject drugs, and people in prisons and other enclosed settings. Globally, these populations are particularly vulnerable and disproportionately affected by HIV due to certain risk behaviors, marginalization, and structural factors such as stigma, discrimination, violence, human right violations, and criminalization–all which contribute to a lack of access to health services. Violence against women is a serious problem in Kenya that affects women and girls from all walks of life. Gender-based violence, including rape and early marriage, prevent women and girls from being able to adequately protect themselves from HIV

There is global recognition that gender-based violence (GBV) significantly impacts public health and human rights. Violence against women takes many forms – physical, sexual, economic, and psychological. Unequal gender power dynamics in relationships, men’s control over women including decision-making, rigid gender roles and low negotiation skills among girls and women, and inequitable gender and social norms are all associated with violence. Community-level tolerance of violence against women and girls facilitates perpetration of GBV. These norms and practices are further reinforced by national or sub-national laws and policies, including how laws that are meant to protect girls and women are implemented. The World Health Organization (WHO) estimates that 30% of women worldwide have experienced physical and/or sexual intimate partner violence, and 7% have experienced non-partner sexual violence, in their lifetime. Among ever-partnered young women aged 15–24, prevalence of intimate partner violence is 29%.

Currently KRCS through the sub recipients is working with over 300 Paralegals trained under the Global funds NFM II grant These are community based individuals who have basic legal knowledge and skills and are not lawyers. The paralegals provide a crucial link to justice services and legal redress in the community. They also provide dispute resolution and legal support that is accessible and informed by a deep understanding of the social issues and everyday challenges facing the YW, KP and PLHIVs. They inform the beneficiaries on their legal rights and help them solve legal problems through offering legal advice. They offer basic legal advice and provide an avenue for alternative dispute resolutions and liaising with pro bono lawyers and other legal aids organizations. They also monitor and reports on human rights violations. The paralegals are also members of the court user’s committee (CUCs) at the county level.

2.0 Consultancy

KRCS seeks the services of a consultant institution to train community paralegals focusing on young women, PLHIV and KP including female sex workers, men who have sex with men, transgender population and people who inject drugs) and link them with the judicial systems in the target counties. The primary role of the trained community paralegals will be to work directly with the communities they serve. They will use their acquired knowledge, skills and experience to create legal awareness among their peers, champion for the protection and promotion of legal and human right, identify, link and support their peer who experience violations and facilitate appropriate referral of legal issues for pro bono services or other relevant services.

2.1 Purpose

The aim of the consultancy is train community paralegals who will work with Young women, People living with HIV and Key Populations to provide them with information and skills to defend and assert their rights. The paralegals will increase awareness on human rights related to HIV, TB & Malaria and improve enabling environment to address human rights violations. They will also help in closer monitoring, documenting and reporting on human rights violations and abuses at grass root levels in form of Legal counseling and referrals. The paralegals will also support the PLHIVYWs and KPs to address barriers to human rights through Informal legal mechanisms which will include personal counseling, alternative dispute resolution (negotiation and mediation), and arbitration. They will also refer cases that they have they have not managed to handle to pro bono lawyers for further legal support.

2.2 Specific Objectives of the training

· To increase the participants knowledge on legal awareness, provision of legal advice, being intermediaries and accompanying complainants or accused persons to police stations or courts.

· To describe the institutions that will link the community paralegals to the justice sector including the judiciary, police and probation department during the trainings through practical sessions.

· To link the community paralegals with senior paralegals, pro bono lawyers and violence referral pathways.

· To demonstrate to the community paralegals drafting simple courts or legal documents during the trainings.

· To explain to the community paralegals how to conduct sessions on human rights abuses and referring matters to relevant agencies.

2.3 Expected Outcomes

· Strengthen the capacity of Young women, KPs and PLHIV to handle cases at the community level.

· Enhance participants’ knowledge on the human rights of KPs, YW and PLHIVs and the legal framework in Kenya for protecting such rights.

· Increase the participants’ knowledge on the legal protections they are entitled to, and the actions that they can take to claim their rights including mechanisms for legal redress.

· Enhance the participants’ skills on effective referrals and linkages to the justice system actors within the counties including the judiciary, police and probation department.

2.4 Scope of work

The training of community paralegals will be important in supporting improved access to justice and law enforcement for protecting the rights of PLHIV, YW, KPs in the context of HIV and TB**.** The community paralegals provide legal support that is both geographically accessible and informed by a deep understanding of the social issues and everyday challenges facing their clients.

The identified consultancy institution will instill knowledge and skills to provide guidance for assisting clients and help them navigate through legal issues.

The Firm/consultancy institution will be expected to undertake the following tasks:

· Participate in an inception meeting and prepare a report detailing the training plan.

· Develop a time-defined proposal (including a work plan) and the methodology the consulting institution aims to use during the community paralegal trainings.

· Develop a training program for 21 days with a focus on Young women, People living with HIV and Key populations

· Provide comprehensive training materials and handout for the participants relating to legal issues for printing by KRSC sub recipients.

· Provide facilitators who will facilitate during community paralegal trainings.

· Orientate the trainers who will conduct community paralegal trainings on their roles and responsibility as well as the expected outputs of the KRCS putting into consideration the focus on YW, PLHIVs and KPs

· Provide weekly updates on the progress of the community paralegal trainings to KRCS region teams.

· Provide overall support, oversight and leadership during community paralegal trainings.

· Provide support on how the trained community paralegals will be linked to the justice system actors within the counties.

· Provide a detailed technical support that the institution will provide to the community paralegals to ensure continuity of the legal services in the community.

· Provide Sample certificate to the community paralegals which will be printed by the KRCS sub recipients after the completion of the trainings.

· Provide badges for the community paralegals

· Provide detailed community paralegals training reports from each of the 11 clusters.

2.4 Deliverables

The key deliverables that the consultant should deliver to KRCS are as follows

· Inception meeting report detailing the methodology to be employed and comprehensive training materials and time-defined proposal (including a work plan) detailing the roadmap execution of the assignment

  • Should provide a well detailed community paralegal training programs for 21 days focusing on KPs, PLHIV and YWs
  • Training materials and handout for the participants relating to legal issues.
  • Orientation report of the trainers who will conduct community paralegal trainings on their roles and responsibility as well as the expected outputs of the KRCS.
  • Overall support and leadership during the community paralegal trainings.
  • Weekly updates report on the progress of the community paralegal trainings to KRCS regional teams.
  • Framework on linking the community paralegals to the justice system actors within the counties including the judiciary, police and probation department during the trainings through practical sessions.
  • An elaborate linkage structure with the relevant players and stakeholders to ensure continuity of the legal services in the community in the different counties.
  • Drafted simple court cases to enable the community paralegals take up cases from the community to the justice systems.

· Identified institutions will link the community paralegals to the justice sector including the judiciary, police and probation department during the trainings through practical sessions.

· Link the community paralegals with senior paralegals and pro bono layers to violence referral pathways.

  • Sample Certificate for the community paralegals.
  • Badges for community paralegals.
  • Detailed training report of community paralegals training for each cluster and a combined report for all clusters
  • Final Consultancy report.

2.5 KRCS Deliverables

· Organize for a virtual inception meeting between KRCS and the consultancy institution.

· Organize for the community paralegal training logistics through the sub recipients (SRs) which includes the participants’ logistics, facilitators conference package during the training,

· Printing of paralegals certificates and printing of paralegals handouts and manuals.

· Develop and share the draft contract with the firm/consultant.

· Spearhead technical evaluation process of the proposals.

· Link the firm/consultant with the KRCS regional teams and the sub recipients who are will be organizing the trainings.

2.6 Expertise and qualification of the firm/ consultant Functional competencies

· Should be legally registered in Kenya.

· Legally recognized community paralegal trainer under the laws of Kenya

· Ability to provide recognized certification to the trained paralegals

· Knowledge on the national legal context on PLHIV, KPs and YW in matters of human rights issues.

· Significant experience in reviewing laws; and policies related to PLHIV, KPs and YWs

• Should have the technical capacity with at least 5 years of conducting community paralegals trainings and supporting legal activities at the community level.

• Should have legal background preferably degree in law, human rights or relevant social science studies.

• Should have human resource capacity to conduct the community paralegals trainings running concurrently in 11 clusters.

• Should have technical knowledge of HIV and law as well as interpretation of the same in regard to human rights.

• Should have established structures that will facilitate collaboration and networking with relevant stakeholders.

• Should have a robust community engagement and ownership with strong –focused support systems for community service level activities in regard to legal issues.

• Should have a mechanism to link the community paralegals with relevant government institutions including court user’s committee, community policing committee among others in order to support their work in delivering justice at the grassroots level.

2.6.2 Required Skills and Experience for the Key staff to be involved

· Education: Advanced University Degree in Law, Human Rights or relevant Social Science studies

· Experience: Minimum of 10 years of relevant experience is required.

· Language: Excellent written and spoken English and Kiswahili.

· Owing to the nature and the scope of the consultancy, the key staff should be a member of a professional body with a good standing. This will ensure professionalism and objectives of the consultancy.

· Adequate numbers of qualified trainers to facilitate during the community paralegal trainings.

· At least two recommendation letters that demonstrates their experience developing conducting a community paralegal training focusing on AGYWs, KPs and PLHIV

2.6 Duration

The training of the community paralegals will take 21 days running concurrently in 11 clusters in 6 KRCS regions namely; Lower eastern, upper eastern, North rift, North Eastern, Coast and West Kenya.

No

Name of the cluster

Counties

No of Pax

Focus

Tentative venue

1

Coast

Mombasa, Kwale, Taita Taveta, Kilifi, Lamu

30

KPs

Mombasa

2

Coast

Mombasa, Kwale, Taita Taveta, Kilifi, Lamu

30

PLHIVs and YW

Kwale

3

West Kenya

Kisii, Siaya , Homa Bay , Kericho, Busia, Nyamira, Vihiga

30

PLHIVs and YW

Kisii

4

West Kenya

Busia, Kisii, Nyamira, Kisumu, Vihiga

30

KPs

Kisumu

5

Lower Eastern

Kajiado, Nairobi, Muranga, Machakos, Narok , Kitui , Kiambu

30

KPs

Machakos

6

Lower Eastern

Kajiado, Nairobi, Muranga, Machakos, Narok , Kitui , Kiambu

30

PLHIVs and YW

Machakos

7

Upper Eastern

Nyeri,Kirinyaga,Tharaka Nithi,Meru, Laikipia, Isiolo, Meru, Nyandarua, Samburu

25

PLHIVs and YW

Meru

8

Upper Eastern

Nyeri,Kirinyaga,Tharaka Nithi,Meru, Laikipia, Isiolo, Meru, Nyandarua, Samburu

25

KPs

Nanyuki(Laikipia)

9

North Rift

Turkana, Elgeyo Marakwet, West Pokot, Elgeyo Marakwet , Transzoia

30

PLHIVs and YW

Eldoret(Uasin Gishu)

10

North Rift

Turkana, Elgeyo Marakwet, West Pokot, Elgeyo Marakwet , Transzoia

30

KPs

Eldoret(Uasin Gishu)

11

North Eastern

Garissa, Tana River, Mandera, Wajir

28

PLHIVs YW and KPs

Tana River

2.8 Application Requirements

Application materials shall include:

· A written response to this TOR in terms of a proposal detailing the technical understanding of the task, proposed methodologies of execution of the assignment, expected activities and deliverables, proposed work plans with schedule, and financial bids. See Annex 1

· Detailed CVs of all professional (s) who will work on the assignment. If there is more than one consultant on the proposed team, please attach a table describing the level of effort (in number of days) of each team member in each of the assignment activities. See Annex 3.

· Professional references: please provide at least three references from your previous clients and full contact details of the referees

· Testimonials and evidence of recognition as a community paralegal trainer

· Evidence of recognition as a community paralegal trainer within the republic of Kenya.

.

2.9. Submission of proposal

The Technical Proposal MUST be prepared in conformance to the outline provided in Annex 1 while the financial proposal shall conform to the template provided in Annex 2. Team composition should conform to Annex 3

*Bidders should provide technical and financial proposal in two separate folders clearly marked**“Technical Proposal” and “Financial Proposal” and emailed to**tenders@redcross.or.ke* clearly marked in the subject line ;Tender Number ; GFPREQ01858  Consultancy Service to train community Paralegals focusing on PLHIV, YW and KPs

The Proposal should be addressed as below and emailed to tenders@redcross.or.ke by 6th April 2022 at 11:00 hrs:

Chairperson

Tender Committee

Kenya Red Cross Society

P.O Box 40712 – 00100

Nairobi, Kenya

ANNEX 1: RESPONSE PROPOSAL FOMART

1) Introduction: description of the firm, the firm’s qualifications and statutory compliance (1 page)

2) Back ground: Understanding of the project, context and requirements for services, (2 pages)

3) Proposed methodology: The proposed methodology MUST provide an indication of its effectiveness and added value in the proposed assignment. (5 pages)

4) Firms experience in undertaking assignments of similar nature and experience from the geographical area for other major clients (Table with: Name of organization, name of assignment, duration of assignment (Dates), reference person contacts-2 pages

5) Proposed team composition (As per annex 3)-1 page

6) Work plan (Gantt chart of activity and week of implementation)-1 page

7) Testimonials (Evidence of legal work training community paralegals in Kenya) – Attachments

ANNEX 2: BUDGET TEMPLATE

The firm shall only quote for the items below as KRCS will manage all other related costs (professional fees and administration expenses) as all other cost will be catered for by KRCS.

Item

Unit

# of Units

Unit Cost

Total Cost (Ksh.)

Professional fees

Administration expenses

Grand Total

**

**

**

**

ANNEX 3: PROPOSED TEAM COMPOSITION TEMPLATE

Name of Team Member

Highest Level of Qualification

General Years of Experience related to the task at hand

Number of days to be engaged

Roles under this assignment

ANNEX 4: TENDER EVALUATION CRITERIA

A four stage evaluation procedure will be used to evaluate all proposals from bidders. The total number of points which each bidder may obtain for its proposal is:

  • Technical Proposal 70 marks
  • Oral presentation 20 marks
  • Financial Proposal 10 marks
  • Mandatory Requirements

The proposal shall be evaluated on the basis of its adherence to the following compulsory requirements, this applies to both local and international firms and individuals.

Document/ Requirements

Tax compliance certificate

Certificate of incorporation/registration (for firms)

PIN certificate

A copy of certification as a community paralegal trainer under the laws of Kenya

A copy of License to provide certification to trained paralegals

Proceed to next stage (Yes / No)

  1. Evaluation of the Technical Proposal

The technical proposal shall be evaluated on the basis of its responsiveness to the TOR. Specifically, the following criteria shall apply:

Criteria

Maximum points

Bidders score

Remarks

(1) Introduction:

Description of the Firm and the Firm’s Qualifications.

10

(2) Background : Understanding of the project, context and requirements for services

5

(3) Proposed Methodology: The proposed methodology MUST provide an indication of its effectiveness and added value in the proposed assignment.

5

(4) Firms Experience in undertaking assignments of similar nature and experience from related geographical area for other major clients

  • Provide a summary and supporting information on overall years of experience, and related technical and geographic coverage experience

10

(5) Proposed Team Composition:

  • Tabulate the team composition to include the general qualifications, suitability for the specific task to be assigned and overall years of relevant experience to the proposed assignment.
  • The proposed team composition should balance effectively with the necessary skills and competencies required to undertake the proposed assignment.
  • Lead Consultant Qualifications – should be as per the TOR
  • Provide CVs for key Consulting team

15

(6) Work Plan: A Detailed logical, weekly work plan for the assignment MUST be provided.

15

(7) Attachments: Licensing certificates, testimonials and recommendation letters

10

Total Score out of 70

70

70

The firm, or team of consultants that attains a score of 49 out of 70 and above in the technical evaluation will be invited to proceed to oral presentation.

  1. Oral Presentation

Criteria

Maximum points

Bidder’s Score

Remarks

Understanding of the assignment

5

Clear understanding of methodology

5

Presentation of previous similar assignment (Organization will be required to show/present 2 previous completed assignments at the oral stage)

10

Total Score out of 20

20

20

  1. Evaluation of the Financial Proposal

The Financial Proposal shall be prepared in accordance to Annex 2. The maximum number of points for the Financial Proposal shall be weighted at 10 points. (This maximum number of points will be allocated to the lowest Financial Proposal. All other Financial Proposals will receive points in inverse proportion according to the below formula)

Points for the Financial Proposal being evaluated =

(Maximum number of points for the financial proposal) x (Lowest price)

Price of proposal being evaluated

A total score obtained including Technical, Oral and Financial Proposals is calculated for each proposal. The bid obtaining the overall highest score is the winning bid.

How to apply

The full document is available on the KRCS Website via the link https://www.redcross.or.ke/uploads/tenders/pr3222022GFPREQ01858GFPREQ01858-TERMSOFREFERENCE(TOR)FORTRAININGCOMMUNITYPARALEGALSTARGETINGYOUNGWOMEN,PEOPLELIVINGWITHHIVANDKEYPOPULATIONS.pdf

Bids should reach tenders@redcross.or.ke on or before 6th April 2022 at 11.00 a.m. Bids received after the above-specified date and time shall not be considered.

*Bidders should provide a technical and financial proposal in two separate folders clearly Marked “Technical Proposal” and “Financial Proposal” both of which should then be sent to* tenders@redcross.or.ke with the subject reading “Consultancy to train community paralegals focussing on PLHIV, YWs and KPs”.**

The Proposal should be addressed as indicated above to reach the under signed by 6th April 2022 at 11.00 a.m. for opening meeting to take place at 12.00 noon.

Any bid received by KRCS after this deadline will be rejected.

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