Consultancy on Devolution and Refugee Rights in Kenya: Opportunities for Solutions Seven Years on – RFP-RO01-002193 Consultancy

Request for Proposal No.RFP-RO01-002193

Terms of Reference (TOR) for Consultancy on Devolution and Refugee Rights in Kenya: Opportunities for Solutions Seven Years On.

Who is the Danish Refugee Council

Founded in 1956, the Danish Refugee Council (DRC) is a leading international NGO and one of the few with specific expertise in forced displacement. Active in 40 countries with 9,000 employees and supported by 7,500 volunteers, DRC protects, advocates, and builds sustainable futures for refugees and other displacement affected people and communities. DRC works during displacement at all stages: In the acute crisis, in displacement, when settling and integrating in a new place, or upon return. DRC provides protection and life-saving humanitarian assistance; supports displaced persons in becoming self-reliant and included into hosting societies; and works with civil society and responsible authorities to promote protection of rights and peaceful coexistence.

About ReDSS

ReDSS is a secretariat working on behalf of 14 international and national NGOs working on forced displacement in the Horn of Africa. We were established in 2015 in response to a desire by the NGO community to be more proactive in shaping durable solutions policy and programming in the region. Our team works at both a regional and a country level and focusses on the translation of evidence and research into policies and programmes that can better deliver for displacement-affected communities. We do this through a range of activities, including: convening key stakeholders at multiple levels to produce consensus around collective actions that can be taken; supporting new evidence generation through commissioning and undertaking research and analysis; and building the capacity of key actors through delivering training and developing tools and guidance. We do not implement programmes directly, and by maintaining this distance are better able to play a neutral role across the system. Since ReDSS was established in 2015 we have played a critical role in shaping durable solutions narratives in the region, building on our initial work in Somalia and expanded to Ethiopia and Kenya which has allowed us to work on a wide range of policy and programming processes.

Purpose of the consultancy

ReDSS seeks to undertake an operational study that will provide aid actors in Kenya with a clearer understanding of the devolved/ local governance arrangements around refugee management and how the current policy direction towards integrated settlements could impact on refugees and hosts’ access to services, livelihoods and rights. Building on a ReDSS 2016 study on Devolution in Kenya, the analysis will apply a whole-of-displacement, whole-of-society lens to look at area-based, integrated service delivery across populations including refugees and host communities.

Governance and decision making: This work is part of a Danish Red Cross funded project Resilience, Health and Rights: Sustainable Solutions and Support Vulnerable to Displaced and Host Communities in Northern Kenya. The Kenya Red Cross Society and ReDSS are jointly implementing outcome 3 on advocacy and learning and will use this analysis to inform the projects advocacy work as well as inform programming and adaptation for outcomes 1 and 2. The work will be guided by a study advisory group which will be established from expertise across national and county government, donors, UN, practitioners and academia to support wider ownership and uptake and to provide technical expert guidance throughout the process.

Background

The Encampment Policy in Kenya coupled with the protracted refugee situation, has left thousands of displacement affected communities in limbo, with limited prospects for durable solutions. With the opening of Kalobeyei as an integrated settlement in 2015, and the enactment of a new and progressive Refugee Act 2021, the government has indicated intent to transition from the language of camps to settlements scheme, emphasizing integrated settlements approach through the draft Marshall Plan documentation. However, the definition, parameters and implications in law remain unclear. The current focus is on passing regulations to support the implementation of the Act, as well as development of a so-called “Marshal Plan” designed to create a framework for a more development-led, integrated approach. While these various commitments suggest an approach premised on enabling refugees to enjoy more rights and freedoms for greater independence, in practice the Kenyan government’s future approach is far less clear. Despite the various policy commitments, the last decade has in practice been dominated by a “security first” approach, with refugees often framed as threats of one kind or another to the Kenyan state. There is a need to move beyond this paradigm in the current context to rethink and explore viable alternatives to encampment that bring more favourable outcomes for both refugees and host communities

Objective of the consultancy

The key components of the work will include:

1. A rapid overview of the current status of the refugee policy framework (Refugee Act 2021, Marshal Plan/CRRF plan of action, KISEDP/GISEDP etc.) in Kenya at both national and county level (Turkana and Garissa), including current developments around municipalisation, and its implications for promoting integrated settlements planning and service delivery for refugees and host and risks, gaps and opportunities.
   1. The overview should include an analysis of how settlement planning is anticipated to be undertaken in Dadaab & Kakuma-Kalobeyei
   2. What considerations and interests guide the national government, county government, host communities and other interest groups with regards to determining settlements
2. An analysis of the impact of the devolved governance system in Kenya 10+ years later on refugee management including how county policy processes have interacted with refugee hosting (with regard to access to services and livelihood opportunities, access to economic rights, land provision etc.)
   1. How does the national level refugee management system interact with county level management? (stakeholder coordination structures, devolved services versus non-devolved services, policy and decision-making processes etc.)
   2. What lessons can be learned from the Kalobeyei Integrated Settlement model to inform similar approaches in other contexts (governance architecture, linkages with county planning processes, stakeholder coordination, engagement with displacement affected communities)
   3. What is the role of communities in decision making in planning and resource allocations processes, both amongst refugees and host communities, and what opportunities are there for strengthening this?
3. An actor, coordination architecture and process mapping that identifies key individuals and institutions involved in different aspects of local governance arrangements around camps/designated areas, settlements identifying what is and isn’t working well and where the key gaps are. This should include consideration of the role of different arms of government at county level, and the interplay between them and nonstate actors working with refugees and hosts. It should also explore current interests and incentives.
   1. How do current arrangements impact on refugee and host dynamics?
   2. What are gaps and opportunities for greater integrated processes for refugees and hosts?
4. An analysis of how the above policy process (including the new policy direction based on the Refugee Act and Marshal Plan) will impact on ongoing and upcoming refugee and host community assistance programs, economic and livelihoods strategies and access and rights on service delivery
   1. The study should include recommendations on how different aid and development actors, both national and international, might seek to support more integrated processes and identify key gaps.
   2. Separately, the researchers should provide a short note including any specific recommendations for the “Resilience, Health and Rights: Sustainable Solutions and Support to Vulnerable Displaced and Host Communities in Northern Kenya” project.

Scope of work and Methodology

The Consultant will be required to prepare a detailed methodology and work plan indicating how the objectives of the project will be achieved, and the support required from DRC.

Deliverables

The Consultant will submit the following deliverables as mentioned below, providing all documentation on email:

Inception

• Develop a proposal outlining the consultant(s)’ understanding of the Terms of Reference (ToR)
• Develop a proposed methodology to carry out the assignment
• Develop the research design and framework
• Draft an inception report which includes a work plan, key informant interview list (KIIs), prepare questionnaires for focus groups and KIIs

Conducting research

• Conduct data collection
• Conduct KIIs and FGDs
• Conduct data analysis
• Prepare a draft report

Dissemination and Uptake

• Develop an uptake and dissemination plan

Conduct validation and uptake workshops with identified stakeholders

Duration, timeline, and payment

The total expected duration to complete the assignment will be no more than 60 consultancy days within a span of no more than 4 months. Starting date will be jointly discussed with the selected consultant(s). The consultant(s) will report to the ReDSS East Africa Regional manager and be guided by a Study Advisory Committee, made up of key expertise in the subject matter identified by ReDSS and Kenya Red Cross to support this process.

The consultant shall be prepared to complete the report no later than July 2023, with uptake expected upto September 2023.

DRC will make an initial payment of between 30 to 50% of the total costs upon signing of the contract and the remaining amount upon completion of the work, including any agreed reimbursables.

Eligibility, qualification, and experience required

Essential qualifications of the consultants:

• Master degree in international relations, development, political science, and/or economics
• Minimum 10 years of proven experience in conducting similar assignments
• Demonstrable experience in local governance, policy engagement, forced migration, durable solutions, and humanitarian/development financing.
• Strong knowledge of the region and its socio-economic and political dynamics.
• Strong analytical and writing skills with proven experience in producing high-quality research with the ability to present complex information in a simple and accessible manner.
• Fluency in written and spoken English.

Technical supervision

The selected consultant/s will work under the supervision of the ReDSS Manager and Kenya Unit Manager with technical support and guidance from ReDSS members and partners.

Location and support

The study will cover the Refugee hosting areas in Kenya***.*** The Consultant will provide her/his own computer, mobile telephone and any other applicable equipment.

Travel

There is a possibility for travel during the delivery of this work to facilitate workshops and meetings. The travel will be approved and facilitated by DRC according to the DRC laid down procedures.

Evaluation of bids

Administration Evaluation

A bid shall pass the administrative evaluation stage before being considered for technical and financial evaluation. Bids that are deemed administratively non-compliant may be rejected.

Technical qualification

For the award of this project, the evaluation criteria below will govern the selection of offers received. The evaluation is made on a technical and financial basis. The proposed offers by bidders will be evaluated using, inter alia, a weighted in percentage below:

Technical qualifications (60 %)

(Documented with the filled-out Supplier Registration Form and a list of at least 3 similar assignment executed, including sample(s), as well as CVs of providing trainings in this area.

• Consultant/ consultant’s team proven experience of working on similar assignments in East Africa. (35%).
• Capacity development and facilitation skills by sharing examples of previous experience (15%)
• Demonstrated strong writing and analytical skills from previous work and reports (10%)

Proposed services (40 %)

Documented with the technical proposal.

• Availability and flexibility statement for the duration of the assignment and share a proposed workplan (15%)
• Demonstrate in your technical proposal that your methodologies and approaches are suitable for meeting the requirements and key components of the ToR. (15%)

Interview (10 %)

• Demonstrated technical capability to complete the consultancy services (Interview – including proposal presentation). (10%)

Based on the initial screening, DRC will invite selected bidders for an interview.

The financial offer will then be weighed against the technical offer. The total cost of the financial offer including tax should be mentioned in the DRC Bid Form annex A.2, whith the budget breakdown.

Financial Evaluation

All bids that pass the Technical Evaluation will proceed to the Financial Evaluation. Bids that are deemed technically non-compliant will not be financially evaluated.

Proposals failing to meet the above minimum requirements will not be considered further.

DRC will conduct reference checks from at least 2 previous works as an additional mandatory requirement.

For additional information regarding these terms of reference, please send your questions to Regional Supply Chain Manager EAGL RO: Procurement.ro01@drc.ngo

Please find complete bidding documents on the following link: RFP-RO01-002193 Consultancy on Devolution and Refugee Rights in Kenya

Tagged as: Danish Refugee Council, Kenya