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Background
UN Women, grounded in the vision of equality enshrined in the Charter of the United Nations, works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security.
In Kenya, women’s participation in leadership and decision-making positions remains disproportionately low, despite notable progress in gender equality. Political representation in Kenya remains heavily skewed in favor of men, and Kenya’s Constitution has sought to address this gap through the ‘not more than two-thirds’ gender principle. However, 13 years after its promulgation, seven legislative attempts, and five judicial interventions, this affirmative action principle has yet to be implemented, with the prevailing challenge being the failure to actualize this Constitutional provision at the National Assembly and Senate. The 13th Parliament, as currently constituted, does not meet this threshold, thus undermining the gains for women enshrined in the Constitution. The government has made renewed attempts after the 2022 election to advance gender equality and women’s empowerment and give momentum to the actualization of the gender principle. In a fresh push to implement this Constitutional principle, the government, through the Cabinet Secretary responsible for the State Department for Gender and Affirmative Action, established the Multi-Sectoral Working Group (MSWG) via Gazette Notice Nos. 10848 and 11090, dated 3 July 2023. The MSWG, comprised of 25 experts drawn from various sectors, including UN Women and other gender, women’s rights, and governance actors, was tasked with developing a framework to guide the implementation of the gender principle. Following its gazettement, and with support from UN Women and other stakeholders, the MSWG finalized its activities and developed its final report in early 2024, proposing for a constitutional amendment to provide for a gender top-up through the political party lists. In preparing the report, the MSWG reviewed previous legislative proposals and formulas and came up with the most viable proposal to actualize the two-thirds gender principle, using the same formula provided under Article 177 of the Constitution, to achieve the gender principle in the county assemblies. The report was presented to the Cabinet Secretary for Gender, Heritage, The Arts and Culture, Hon. Aisha Jumwa and the Speaker of the National Assembly Rt. Hon. Moses Wetangula in February 2024. As part of its work, the working group also submitted recommendations to the national bipartisan process on issues of concerns to Kenya – National Dialogue Committee (NADCO)- on the achievement of the gender principle, with the objective of ensuring that the two-thirds gender principle remains a key agenda item in the bi-partisan process. It is expected that upon review and consideration of the legislative proposals by the working group, the Government of Kenya will fast-track the implementation of the gender principle as reiterated by President Dr. William Ruto, during the 2024 International Women’s Day National Celebrations.
On February 27, 2024, The Speaker of the National Assembly issued a communication to the House, guiding that upon tabling of the report by the House Majority Leader, the report shall stand committed to the Justice and Legal Affairs Committee (JLAC) for consideration and appropriate action. While speaking to the media1 in early March, the JLAC Chairperson Hon. George Murugara confirmed that the Committee had received the report and that the committee ‘would consider the feasibility of the taskforce’s proposals and agree on publication (of the proposed Bill)’. Unfortunately, six months later, the Committee is yet to present its official position on the MSWG report, and the recommendations contained therein. In response to this stalemate, women’s rights organizations led by Crawn Trust and the Centre for Rights Education and Awareness (CREAW) have written to Chief Justice Martha Koome, urging her to advise the President to dissolve Parliament for failing to enact a gender rule law. Further, the MSWG’s term in office has also expired, meaning that the gender principle’s fate now lies with Parliament.
Duties and Responsibilities
As a key stakeholder in this process, the UN Women Kenya Country Office has secured funding from the Women in Politics Fund (WiPF) to support continued advocacy on the implementation of the not more than two thirds gender principle. To support advancement of the agenda in Parliament, UN Women proposes to onboard a consultant to provide technical assistance to the legislative process, including input into the proposed Bill, working in partnership with KEWOPA, JLAC, the Social Protection Committee, and the Senate’s Justice, Legal Affairs, and the Human Rights Committee. The consultant will also advise UN Women and other key stakeholders on the implementation of the proposed electoral and political reforms highlighted in the MSWG’s report to Parliament and track the parliamentary process to ensure sustained lobbying and advocacy on full implementation of the gender rule.
a) Technical Assistance to KEWOPA
• Provide technical assistance to KEWOPA to craft and implement a parliamentary advocacy strategy on the not more than two thirds gender principle.
• Facilitate meetings with relevant Parliamentary committees at the National Assembly and Senate to help address the political, legal, and gender-related challenges blocking advancement on the Gender Bill.
b) Advocacy Efforts
• Support targeted stakeholder engagement and strategic advocacy initiatives on the actualization of the two thirds gender principle, including ongoing efforts by the women’s rights movement to hold the government accountable to its gender commitments.
c) UNCT and UN Women Policy Brief
• Prepare and one policy brief on the two-thirds with UN Women, UNCT, and development partners to synergize interventions on realizing the two-thirds gender principle.
• Inform UN Women’s strategic messaging and high-level conversations on the not more than two-thirds gender principle.
• Advise UN Women’s technical support and programmatic approach to the electoral and political reforms highlighted in the MSWG’s report to Parliament.
The consultant will report to the Gender and Governance Programme Analyst who will be the technical focal person for this consultancy. The Analyst will also be the point of contact on the contract and payment issues.
Deliverables
The consultant will be contracted for 40 Days between November 1, 2024, to December 31, 2024, for the following deliverables.
| Description of Tasks | Deliverable | No. of Days | Expected completion time (due day) | Responsible | Payment Schedule |
| 1. Develop and present an inception report summarizing the consultant’s approach to the assignment. | The Inception Report | 5 | November 2024 | Consultant |
20% of the total fee to be paid upon delivery of: |
| 2. Provide technical assistance to KEWOPA to draft a legislative strategy to guide the women MPs in their lobbying and advocacy efforts at the National Assembly and Senate. | KEWOPA’s Legislative Strategy | 10 | November – December 2024 | Consultant |
60 % of the total fee to be paid upon delivery of:
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| 3. Technical assistance to consultations with key parliamentary committees on the legislation including Social Protection Committee, Justice and Legal Affairs Committee and the Senate’s Justice, Legal Affairs, and the Human Rights Committee. | A Gender Electoral and Political Reforms Advocacy Strategy Document | 7 | November -December 2024 | Consultant | |
| 4. Support targeted stakeholder engagement and strategic advocacy initiatives on the actualization of the two thirds gender principle | A Progress Report on Stakeholder Engagements | 10 | November -December 2024 | Consultant, UN Women | |
| 5. Advise UN Women’s programmatic approach to the gender electoral and political reforms proposed by the MSWG and inform UN Women’s briefings with the UNCT. | One UNCT Brief | 3 | December 2024 | Consultant, UN Women | |
| 6. Develop the final report | The Final Report | 5 | December 2024 | Consultant |
20% of the total fee to be paid upon delivery of: |
| TOTAL | 40 |
Consultant’s Workplace and Official Travel
This is a home-based consultancy. As part of this assignment, any travel and related costs will be covered separately by the Hiring Unit as per travel estimate based on UNW policy.
Competencies
Core Values:
• Respect for Diversity
• Integrity
• Professionalism
Core Competencies:
• Awareness and Sensitivity Regarding Gender Issues
• Accountability
• Creative Problem Solving
• Effective Communication
• Inclusive Collaboration
• Stakeholder Engagement
• Leading by Example
Please visit this link for more information on UN Women’s Core Values and Competencies:
https://www.unwomen.org/en/about-us/employment/application-process#_Values
Functional Competencies:
• Strong economic analysis and social research, and analytical skills.
• Excellent written skills, including conveying complex concepts and recommendations.
• Ability to interact independently or as part of a team.
• Demonstrated ability to multitask under pressure and to meet strict deadlines.
• Demonstrated ability to conduct appropriate analyses, needs assessments, and projects on democratic governance issues.
• Strong knowledge of Democratic Governance.
• Ability to identify and analyze trends, opportunities, and threats and develop strategies.
Required Skills and Experience
Education and Certification:
The Consultant for this assignment should have a master’s degree in the field of gender, human rights, social science, or related field. A first-level university degree in gender, human rights, social science, or a related field in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree.
In addition to this, the applicant should have the following: –
i. A good understanding of the Kenya Constitution 2010 and gender-related legislation.
ii. Excellent understanding of Temporary Special Measures to increase women’s access to political participation and decisionmaking, including experience engaging with Kenya’s Two-Thirds Gender Rule.
iii. Should have undertaken recent work related to gender equality and women’s political participation.
iv. A minimum of 10 years‘ experience in democracy, gender, and governance.
v. Demonstrated knowledge and skills in mainstreaming gender in program design, management, monitoring, and evaluation.
vi. In-depth experience with key international gender-related conventions and treaties.
vii. Demonstrable experience supporting the Government of Kenya in developing national implementation frameworks for global commitments. Knowledge of the mandate of the State Department for Gender and Affirmative Action is an added advantage.
viii. Sound knowledge of SDGs, the 2030 agenda, and related human rights instruments.
ix. Familiarity with women’s political participation in the County Assemblies.
x. Good presentation, communication, and analytical skills.
Experience:
• Excellent analytical skills with strong drive for results and capacity to work independently.
• Excellent English communication and writing skills; (Samples of previous work will be required.)
Languages:
• Fluency in English is required.
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Application: All applications must include (as an attachment) the completed UN Women Personal History form (P-11) which can be downloaded from: https://www.unwomen.org/sites/default/files/2022-07/UN-Women-P11-Personal-History-Form-en.doc. Kindly note that the system will only allow one attachment. Applications without the completed UN Women P-11 form will be treated as incomplete and will not be considered for further assessment. Note: In July 2010, the United Nations General Assembly created UN Women, the United Nations Entity for Gender Equality and the Empowerment of Women. The creation of UN Women came about as part of the UN reform agenda, bringing together resources and mandates for greater impact. It merges and builds on the important work of four previously distinct parts of the UN system (DAW, OSAGI, INSTRAW and UNIFEM), which focused exclusively on gender equality and women’s empowerment. Diversity and inclusion: At UN Women, we are committed to creating a diverse and inclusive environment of mutual respect. UN Women recruits, employs, trains, compensates, and promotes regardless of race, religion, color, sex, gender identity, sexual orientation, age, ability, national origin, or any other basis covered by appropriate law. All employment is decided on the basis of qualifications, competence, integrity and organizational need. If you need any reasonable accommodation to support your participation in the recruitment and selection process, please include this information in your application. UN Women has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UN Women, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. All selected candidates will be expected to adhere to UN Women’s policies and procedures and the standards of conduct expected of UN Women personnel and will therefore undergo rigorous reference and background checks. (Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.
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