1. Background

DCA in Kenya is developing a new country programme for the period January 2023 to December 2027. The context analysis provides crucial information as part of the design process, in particular providing an updated overview of the country context, a detailed analysis in relation to the 3 global goals (Save Lives, Build Resilient Communities, Fight Inequalities) and analysing the role of and opportunities for civil society. This document will form the basis of discussions with partners in order to develop a new theory of change for the country program.

A number of strategic decisions have already been made and have been condensed into a concept note which will be shared with the consultant/consultIng team as part of a package of background documents.

2. Objectives

· To provide a well-documented analysis for informing DCA Kenya’s new country programme.

· To provide recommendations for DCA Kenya´s country programme strategy.

3. Scope of Work

• Verify the relevance and feasibility of the country programme focus proposed by DCA in its country programme concept note.
• Identify and justify major issues to be analysed (see details in the annex 1, 2 and 3) and discuss this with the country office before carrying out the assignment.
• Do the actual analysis.

4. Methodology

The consultant should propose key methods to be used including participatory methods where appropriate and possible.

5. Deliverables

The context analysis write up should have four sections: country, civil society and thematic analyses, summary document should be no more than 4,7,8,5 pages respectively or 24 pages all together as below:

1. Country Overview (4 pages)
2. Civil Society Analysis, including the Role of Faith-Based Organisations (7 pages)
3. Analysis related to DCA Global Goals (8 pages)
4. Summary of the deliverables 1-3 (5 pages)

6. Composition of Team
The consultant or consultancy team should include expertise in human rights, gender, conflict sensitivity and with broad expertise across the thematic areas. The consultant or team should have relevant and recent (within 6 months) experience working in Kenya, preferably have a good blend of understanding on refugee/host community programming as well as sustainable livelihoods, market systems development and private sector engagement. The consultant must demonstrate contextual knowledge and understanding about the socio-economic and political situation in Kenya and the impact of this on the thematic areas described.

7. Time Schedule for Consultancy

Please propose timeline using the below as a basis in terms of time frame that consultant should be available and suggested level of effort.

TASK,DEADLINE,NUMBER OF DAYS

Signing of Contract 25th May 2022

Review of Background Documentation by consultant and development of detailed plan by consultant.

26th – 30^th May Number of days 3

Meeting with DCA – Agreement on methodology and plan.31st May Number of days 1

Submission of first draft report 15th June Number of days 10

DCA comments and feedback 21st June

Submission of final draft 24th June Number of days 3

Total 17 Days

8. Background documentation

The below documents will be made available to the consultant/consultant team:

• Any previous relevant Programme Documents and Strategies
• Any previous relevant Programme ToC Critical Reflection workshop reports and Evaluations
• All Annual Programme Reports and Country Reports
• Any current Partner Project Documents and Evaluations
• Any baseline studies or other studies carried out under previous programmes
• Any research or documentation produced by previous programmes

The consultant must also have at his/her disposal all relevant reports from the government of Kenya, UN treaty bodies, UN charter bodies and mechanisms, and from relevant research and policy analysis institutions. Review also recent analysis on country, political economy and power issues produced by major international donors on Kenya.

Deliverable 1 – Country Overview (4 pages)

The Country Programme Document format highlights the following:

• Introduce briefly the political, economic, environmental, human rights and social context in country.
• Include key statistics (growth, poverty, inequality etc.) in a text box.
• Reflect on the religious composition and role of faith-based actors and any existing or potential impact of external religious forces on the country.
• If DCA plans to support activities outside of the country include the issue linking work in the non-focus country to this country.

Major issues to analyse:

• Major changes since the last country context analysis was carried out.
• Significant trends and expected changes in the coming years (national and local).
• Regional changes that would influence development
• The political, economic, environmental, human rights and social context, including growth, poverty and inequality statistics.
• The religious and ethnic composition, any existing or potential conflicts and impact of external forces
• The role of religious/ethnic leaders and actors
• Analysis of the political, economic, social context including identifying of constraints, obstacles, limitations and supportive and enabling factors.
• Economic, demographic, geophysical or political trends that will influence change
• The role and influence of the private sector (both local and foreign business) in promoting – or being an obstacle to sustainable development,
• Any National Action Plan on the UN Guiding Principles on business and human rights?
• Which of these contextual change processes are most relevant to the direction set out in the DCA’s strategy as stated in the concept note?
• Foreseeable (whether definite, probable or possible) critical junctures / windows of opportunity over the next period that could provide an opportunity for change.

Deliverable 2 – Civil Society Analysis, including the Role of Faith-Based and Ethnic Organisations (7 pages)

The Country Programme Document format highlights the following:

• Explain the nature of state-civil society relations in country.
• Indicate whether there is an enabling environment for civil society in law and practice, including any constitutional provisions regarding religion and the role of religious institutions. Identify institutionalized mechanisms for state-civil society dialogue.
• Provide an overview of different types of civil society organisations in country, the role played by faith-based organisations and networks, and the capacity of different types of organisations to influence social and political change processes.
• In relation to faith-based institutions, explore in particular the values promoted by the different religious groupings; how different religions/groupings address societal issues and any particular challenges from a human rights perspective; the positive or negative relations within different religious groupings; the legitimacy of FBOs to be ‘honest brokers’ of the poor/marginalized; how effective religious groups are at formulating and transmitting policy advocacy messages; relations between the state or traditional authorities and religious authorities; and the potential

Major issues to analyse:

• The present political environment for civil society in the country
• The relationship between civil society and the authorities/pro-democracy stakeholders
• How does civil society relate to human rights and issues of democracy?
• How do ‘authorities’ (including pro-democracy stakeholders) and other donors engage in human rights and issues of democracy – and where are the potential links
• Potential conflict themes and their relevance (implications and challenges) to civil society in the country.
• The main features of civil society deliberations and cooperation.
• The main arenas of interaction between civil society, state, and the private sector.

Stakeholder Analysis

List the main civil society actors of particular relevance to the programme concept; could include religious associations and churches, ACT Alliance members, ethnic organisations and interest groups, community based organisations and/or networks, development NGOs, advocacy groups, think tanks, media, professional associations, formal and informal organisations and networks linked to economic activity and others.

• The main characteristics of civil society actors, including:

Ø Their geographical dispersion.

Ø Their driving forces, values, constituencies, accountability and legitimacy.

Ø Their roles in social mobilisation for change, mutual help, advocacy (particularly within the area of human rights and democracy), policy development and social and economic development.

• The civil society focus and areas of work supported by some main donors in the country, bilateral and multilateral.
• The main challenges for civil society in the country and opportunities for working through multi-stakeholder platforms for enhanced cooperation and influence.
• Analyse the priorities of regional and international actors, other ACT members, and international, regional and local organisations working with the thematic issues

Deliverable 3 – Analysis related to DCA Global Goals (using relevant international and human rights standards) (max 8 pages)

The Country Programme Document format highlights the following:

Provide for each DCA global goal Save Lives, Build Resilient Communities and Fight Inequality an analysis of the following:

a) key problems/rights issues

b) groups most affected/excluded

c) main national legal and policy frameworks guiding the thematic area and their compliance with international human rights standards

d) the key institutional gaps and barriers

e) ‘duty-bearer’ and stakeholder analysis, including actors that have the potential to drive change.

f) Outline risks of natural hazards and conflicts and (potential) impact as well as rights holders’ resilience and coping mechanisms.**

Describe the role of the private sector in relation to the problems addressed and whether they are a driver or obstacle for change in the Kenyan context.

The Global Goals for Kenya currently include:

• Save Lives – Supporting refugees and local communities to empower them through improved access to skills development, job creation, decision making and dignifiying lives all within a triple nexus approach (Humanitarian-Development-Peace)
• Build Resilient Communities – Sustainable and climate smart improvement of livelihood of refugees and local communities with longer terms perspectives through diversified incomes and access to markets and financial services.
• Fight Extreme Inequality – Strengthening the Civil society and safeguarding CSO space from shrinking as well as offering support to human rights defenders and documentation and reporting of abuses, gender-based violence prevention and response.

Major issues to analyse:

• Define specific thematic areas the country programme will address and DCA’s role in the process. How will DCA promote these in an efficient and effective manner?
• Analyse the identified problem under each thematic area and any observed new trends – refer to the Concept Note.
• Analyse the targeted rights-holders and the extent and impact of the problem on them, including differences noted due to gender and/other identity characteristics (age, ethnicity, religion, economic status etc.).
• Identify and elaborate the rights issues and relevant international human rights standards that need to be in focus for each thematic area.
• Analyse the immediate and root causes for the problem, including any discriminatory norms and practices (gender and others).
• Analyse key barriers within institutions and within the social and organising practices of rights-holders and organisations that represent them. Note any non-compliance with relevant human rights standards.
• Identify and analyse key legal and moral duty-bearers including ‘authorities and pro-democracy stakeholders
• Identify any key opportunities (events, new actors, and/or developments) within the programming period that could be maximised for addressing the problem.
• Identify the comparative advantage of DCA and its partners and provide recommendations for DCA´s support in the area.
• Identify any particular risks that a programme of this nature might face and suggest ways in which we can manage or alleviate them.

Deliverable 4 – Summary of the deliverables 1-3 condensed into 4-5 pages

Provide a summary as below:

• Country Context (1 page)
• Civil Society Analysis (0.5)
• Thematic Analysis (2-3)

PROPOSAL OUTLINE

Interested consultants and teams should submit a proposal using the structure and main sections identified below.

1. Rationale

· Any comments on the Terms of Reference of importance for the successful execution of activities, its objectives and expected results, thus demonstrating the degree of understanding of the Contract. Detailed list of inputs, activities and outputs. Any comments contradicting the Terms of Reference or falling outside their scope will not form part of the final Contract.

· An opinion on the key issues related to the achievement of the Terms of Reference and expected results.

2. Strategy

· An outline of the approach and methodology proposed.

· An outline of the proposed activities considered to be necessary to achieve the contract objectives.

· (If appropriate) A brief description of subcontracting arrangements foreseen (e.g. for enumerators, local consultants and/or interpreters), with a clear indication of the tasks that will be entrusted to a subcontractor and a statement by the Candidate guaranteeing the eligibility of any subcontractor.)

3. Timetable of activities

· The timing, sequence and duration of the proposed activities considering mobilisation time.

· The identification and timing of major milestones in conducting the analysis

4. Key experts

· The proposal should include a detailed description of the role and duties of each of the key experts or other non-key experts, who are proposed as members of the evaluation team. The CV of each key expert shall be included highlighting his/her experience in the specific field of the services and his/her specific experience in the country/region where the services are to be performed.

· The proposal should clearly state existing commitments of experts which may affect their availability to participate in the consultancy to the extent possible.

· The proposal should include 1 or 2 examples of previous work from previous evaluation assignments or similar.

5. Financial Offer

· The financial offer should be presented as a budget including number of days the consultant team members will work