TERMS OF REFERENCE FOR A STUDY ON GAPS AND CHALLENGES IN TECHONOLOGICAL FACILITATED GENDER-BASED VIOLENCE CASE MANAGEMENT IN KENYA

The Coalition on Violence Against Women(COVAW) is an organization that is focused on influencing sustained engagement on violations conducted against women and girls in Kenya, with emphasis on Gender-Based Violence. COVAW’s envisions a society where women and girls enjoy equal rights, freedoms and thrive in safe spaces. In doing so, we focus on 5 Key areas of Access to Justice, Access to Comprehensive GBV and SRHR services, Women in Economic Empowerment, Women’s Leadership Development and Institutional Development.

COVAW’s interventions deliberately address norms, attitudes, laws, policies, and practices that affect women and girls’ safety and well-being in general. This is done through the implementation of gender progressive practices and supporting the development of regulatory and institutional frameworks. Additionally, COVAW fosters consistent engagement with different actors to prevent and respond to VAWG and to hold perpetrators of these violations accountable.

COVAW is guided by its core values of respect, integrity, solidarity, and commitment in improving the lives of its primary beneficiaries – women and girls. View COVAW strategic plan from here

1. Project Description

About Transform: Transform is a three-year USAID funded global pilot initiative, which seeks to support practical approaches to preventing, mitigating, and responding to Technology-Facilitated Gender Based Violence (TFGBV),with a focus on addressing violence impacting women in politics & public life.

COVAW is implementing the Transform project in Kenya alongside other partners. Key activities to be implemented include developing an advocacy brief on legislative interventions for effective management of TFGBV cases, and supporting review of existing legislation to recognize TFGBV as a form of sexual violence, among other activities.

1. Background

TFGBV is an act of violence perpetrated by one or more individuals that is committed, assisted, aggravated, and amplified in part or fully by the use of information and communication technologies or digital media, against a person on the basis of their gender[1]

TFGBV undermines women’s rights to participate in key decision-making processes, exacerbating their underrepresentation in civic spaces. A foundational landscape assessment by Transform in 2023 reviewed global evidence of TFGBV against Women in Political and Public Life (WIPPL), highlighting its impact on women’s public and political participation.[2] One key finding revealed that women in politics and public life face numerous intersectional individual-level risks, such as hate speech and gendered disinformation. According to Pollicy’s Byte Bullies Report (2023), 55.7% of women candidates in the 2022 Kenya general elections experienced online violence on Facebook. GBV report by the Media Council of Kenya for example, reveals that three-quarters of women in the media have been exposed to online violence.

Addressing these issues is significantly hindered by weak systemic responses and inadequate enforcement to hold perpetrators accountable. Currently, no law in Kenya explicitly criminalizes TFGBV. The Sexual Offences Act does not recognize online sexual violence as a form of sexual violence. A limited percentage of TFGBV, such as the spread of disinformation and hate speech, have been captured in the Computer Misuse and Cyber Crimes Act. However, other numerous TFGBV forms remain under-reported and unaddressed due to the inadequacy of laws that criminalize offences under TFGBV. Additionally, the normalization of these vices and the burden bone by survivors to prove the elements of TFGBV in their cases frustrates the reporting processes, case management and compromises the quality of evidence.

Law enforcement officers often struggle to admit reports and collect and preserve evidence. Furthermore, technology companies frequently fail to flag online violence perpetrated in local languages due to language barriers. The weak monitoring and reporting measures within these platforms have created an enabling environment for the perpetrators of TFGBV leading to a surge in online violence against women.

1. Purpose of The Consultancy

The purpose of this consultancy is to conduct a study on gaps and challenges in the management of Technologically Facilitated Gender-Based Violence (TFGBV) cases in Kenya and generate legislative recommendations to address these gaps. An Intersectionality approach will be a crucial concept to understanding the multiple layers of challenges that women may face based on their gender, ability, ethnicity, language, age, and geographic location.

1. Research objectives

• To understand challenges in collection and storage of evidence for TFGBV cases.
• To analyze challenges faced during the litigation and prosecution processes of TFGBV and its admission in court.
• To develop comprehensive legislative proposals aimed at addressing the identified gaps in TFGBV case management, and amendments to the Sexual Offences Act TFGBV cases particularly on WIPPL

1. Methodology

The research methodology proposed by the consultant(s) should include a suitable sampling strategy, participatory tools and a suitable mix of quantitative and qualitative data collection methods. The analysis of participatory qualitative and quantitative data collection should be well presented and focus on the three study objectives.

Data collection, analytical methods, and presentation of findings, conclusions, and recommendations should be sensitive to and differentiate relevant gender, age, diversity dimensions and other relevant markers to allow precise analysis of women, in different locations, and on different age groups and stakeholders throughout the studies.

1. Deliverables and Timelines.

The required consultancy deliverables are;

1. One detailed inception report including a time-bound outline of the study, detailed work plan, detailed methodology for both data collection and analysis, sample size calculations, data collection tools
2. A comprehensive, clearly cited report on the findings including accurately analyzed data against the evaluation questions, lessons learned, and recommendations. The report should not be more than 30 pages.
3. An advocacy brief on the Legislative Interventions under the Sexual Offences Act for effective and efficient management of TFGBV Cases

The consultant will also be responsible for,

1. Holding an inception meeting (remotely if required) with COVAW staff and reviewing any relevant documentation to gather background information
2. Drafting an inception report (as above) – Incorporating feedback on inception report into planned approach and activities
3. Organizing the field travel in collaboration with the COVAW team
4. Supervising and quality-assuring field data collection and entry
5. Analyzing and synthesizing qualitative data and preparing a report
6. Submitting draft report and policy brief, with accompanying data analysis to COVAW contact staff for feedback
7. Incorporating feedback and submitting a final report and policy brief that provides findings that respond to the project’s key objectives, as well as specific, useable, and tailored recommendations that can be directly applied to COVAW’s programming
8. Providing the typed raw data to COVAW contact staff

COVAW will be responsible for,

1. Availing all necessary project documents to the consultant
2. Holding an inception meeting with the consultant to provide background information and to finalize the research work plan, timelines, and expectations
3. Provide oversight for data collection.
4. Reviewing the inception report and data collection tools and providing the consultant with specific and timely feedback
5. Facilitating access to the respondents
6. Reviewing the draft study report and providing the consultant with specific and timely feedback
7. Managing and supporting the consultant throughout the research process
8. Approving the final study report and Policy Brief

The is anticipated to take a maximum of 30 days:

• Start***-***3rd June 2024
• End**- 3rd July 2024**

Specific timelines will be agreed upon with the successful consultant.

1. Reporting

The consultant must submit a soft copy of the study report and advocacy brief to the organization point of contact person.

1. Skills and Qualifications of Consultant

Education

• Bachelor’s degree in Law, Research, or related field**.**
• A Master in Law with a bias in human rights, criminal law, or related will be an added advantage

Required Experience and Skills

• At least 8 years’ experience in conducting thorough research/surveys, human rights/SGBV issues.
• Comprehensive understanding of the criminal justice system in Kenya, criminal law SGBV, Human Rights, and Social norms.
• Proven research and report writing skills and facilitation experience.
• High level of professionalism and ethics

[1] UN Report. (2021). Technology-facilitated Gender-based Violence: Making All Spaces Safe. https://www.unfpa.org/sites/default/files/pub-pdf/UNFPA-TFGBV-Making%20 All%20Spaces%20Safe.pdf

[2] Technology-Facilitated Gender-Based Violence as an Attack on Women’s Public Participation https://www.irex.org/Technology-Faclitated-Gender-Based-Violence-Review-of-Global-Evidence.pdf

How to apply

Interested consultants/firms must submit the following documents:

1. Technical proposal which must include the following:
2. Proposed program and methodology to be used for the research not more than 5 pages
3. Consultants’ past experience in the thematic area, supported by at least two soft copies of relevant reports in PDF
4. Financial proposal (budget) in MS Excel in Kenya Shillings.

Note: The documents must be arranged as serialized above

1. CV of the applicant with contact details for three referees; if the applicant intends to work in a team, she/he should indicate all team members and attach CVs. Highlight the Team leader.
2. Two soft copy samples of previous related work undertaken.

All documents must be submitted not later than 5.00 pm, Friday, 31st May 2024 via email to [email protected] with the subject**: “A STUDY ON GAPS AND CHALLENGES IN TFGBV CASE MANAGEMENT IN KENYA.”** Applications will be reviewed on a rolling basis. Only applicants that meet all the above criteria will be considered and contacted.