Back Consultant - Development of BCOCC Regulations

Project Context and Scope
Managing borders is a complex task due to the multitude of threats including transnational organized crime and terrorism faced by countries globally. The Government of Kenya has recognized the importance of a coordinated and integrated approach to border security and control, emphasizing the coordination among various governmental bodies to optimize the national response to these threats.

At the national level, state authorities have taken various measures to enhance border security to counter organized crime including terrorism through legislative reforms, capacity development and deployment of specialized technology and tools to identify and intercept threats while ensuring smooth facilitation of legitimate trade and travel.

On legislative reforms, the Government has taken various steps in enhancing border security by adopting a whole of Government (multi-agency) approach especially through the Security Laws (Amendment) Act, 2014 which established the Border Control and Coordination operations Committee, Border Management Secretariat at the national level and the Border Management Committees and Joint Operations Centres at the Ports of Entry and Exit (POEs). These platforms provide a conducive environment for sharing of data and information for joint decision making.

Additionally, there are other national legislation that include elements on border management and security including Kenya Citizenship and Immigration Act, Cap. 170, Prevention on Terrorism Act, Cap. 59B, Counter Trafficking in Persons Act, Cap. 61, Public Health Act, Cap. 242, and Prevention of Organized Crime Act, Cap. 59. There are also specific legislations that govern the various Border Control and Operations Co-Ordination Committee (BCoCC) agencies including Directorate of Immigration Services, Kenya Revenue Authority, National Police Service Etc.

Similarly, at the regional level Kenya is also part of various regional economic communities and therefore various legislative frameworks with aspects of border management and security also apply including EAC Customs Management Act, 2004 and Common Market Protocol, 2010, AU Border Programme, IGAD Protocol on the Free Movement of Persons, 2021 and others. 

  Organizational Department / Unit to which the Consultant is contributing
Under the overall guidance of the Head of Programs and Policy Development of IOM Kenya, the direct supervision of the Senior Programme Manager for Labour Mobility Social Inclusion and Migrant Protection Assistance, the incumbent will be responsible for working closely with the Technical Working Group (TWG) of the Border Control and Operations Coordination Committee (BCOCC) in development of the draft Kenya Citizenship and Immigration (Border Control and Operations Co-Ordination Committee) Regulations, 2025.

Overall Objective: 

The overall aim of the assignment is to facilitate and ensure the successful development of the draft Kenya Citizenship and Immigration (Border Control and Operations Co-Ordination Committee) Regulations, 2025.

The specific objectives are as follows: 

• To support the Technical Working Group (TWG) of the Border Control and Operations Coordination Committee (BCOCC) in developing the draft Kenya Citizenship and Immigration (Border Control and Operations Co-Ordination Committee) Regulations, 2025; 
• To ensure that the draft Regulations are aligned with the existing national and regional legal frameworks;  
• To support the enactment of the draft Kenya Citizenship and Immigration (Border Control and Operations Co-Ordination Committee) Regulations, 2025, in collaboration with the TWG and BOCCC;
• To facilitate workshops in collaboration with the TWG and BCOCC, for the development and validation of the draft Kenya Citizenship and Immigration (Border Control and Operations Co-Ordination Committee) Regulations, 2025.

  Methodology

  In order to achieve the objectives, the tasks of the consultant will include the following:

  • Engage with the Technical Working Group and Border Control and Operations Coordination Committee to agree on the process of drafting and enacting the Regulations. 
  • Conduct a desk review of existing legal frameworks and relevant research and consultations including best practices internationally.
  • Review key policies, guidelines, regulations and other documents related to border control.
  • Draft comprehensive Regulations based on the desk review of the existing laws, available literature, and consultations, ensuring legal accuracy and contextually relevance.
  • Present the “zero draft” Regulations at a stakeholder workshop to gather feedback and input from key stakeholders for finalization.
  • Review, consolidate and incorporate stakeholder input from the workshop and support the TWG in submitting the final draft to the National Assembly Committee on Delegated Legislation for approval. 

    Scope of Work

    A maximum of 75-man days are allocated for this assignment over a five-month period starting in the month of October 2025 – February 2026, a recommended breakdown is outlined below. 

    • Conduct a desk review of relevant documents

      Existing legal frameworks and relevant research and consultations including best practices internationally.

      Review key policies, guidelines, regulations and other documents related to border control.

      • Draft “zero” draft regulations 
      • Draft comprehensive Regulations based on the desk review of the existing laws, available literature, and consultations, ensuring legal accuracy and contextually relevance.
      • Facilitate workshops in collaboration with the TWG and BCOCC, for the development and validation of the draft Kenya Citizenship and Immigration (Border Control and Operations Co-Ordination Committee) Regulations, 2025. 
      • Present the “zero draft” Regulations at a stakeholder workshop to gather feedback and input from key stakeholders for finalization.
      • Development of the Regulatory Impact Assessment pursuant to the requirements under the Statutory Instruments Act. 
      • Review, consolidate and incorporate stakeholder input from the workshop and support the TWG in submitting the final draft to the National Assembly Committee on Delegated Legislation for approval. 
      • Hand-in of final report of the regulation making process, explanatory memorandum and Draft  Regulations to the Cabinet Secretary MINA for approval.
      • Develop a summary report highlighting the critical aspects of the support provided, including the key feedings, actions taken, stakeholders involved, and the methods used to achieve the outcome. 

        Deliverables

        1. Inception Report 
        2. Zero draft Regulations 
        3. Revised draft Regulations
        4. Approved Validated Regulations.
        5. Regulatory Impact Assessment.
        6. Exit Report Education
           • Postgraduate degree in Law, Public Policy or related field
           • Must hold a postgraduate diploma in legislative drafting  Experience
             • Advocate of the High Court of Kenya and an experienced Legislative Drafter
             • At least 10 years of practical legislative drafting experience Skills
               • Extensive understanding of Kenya’s laws and regulations, especially those related to trade, security, terrorism, organized crime, etc.
               • Experience in developing policy and legal recommendations for senior government officials.
               • Understanding of international legal instruments, especially around international security, counter terrorism, data protection, and privacy Languages
                 • Fluency in English and Kiswahili IOM’s official languages are English, French and Spanish. Proficiency of language(s) required will be specifically evaluated during the selection process, which may include written and/or oral assessments.  

                    Travel required

                   • None Required Competencies   IOM’s competency framework can be found at this link. Competencies will be assessed during the selection process.   Values - all IOM staff members must abide by and demonstrate these three values:
                   • Inclusion and respect for diversity: Respects and promotes individual and cultural differences. Encourages diversity and inclusion.
                 • Integrity and transparency: Maintains high ethical standards and acts in a manner consistent with organizational principles/rules and standards of conduct.
               • Professionalism: Demonstrates ability to work in a composed, competent and committed manner and exercises careful judgment in meeting day-to-day challenges.
             • Courage: Demonstrates willingness to take a stand on issues of importance.
           • Empathy: Shows compassion for others, makes people feel safe, respected and fairly treated. Core Competencies – behavioural indicators
           • Teamwork: Develops and promotes effective collaboration within and across units to achieve shared goals and optimize results.
        7. Delivering results: Produces and delivers quality results in a service-oriented and timely manner. Is action oriented and committed to achieving agreed outcomes.
      • Managing and sharing knowledge: Continuously seeks to learn, share knowledge and innovate.
    • Accountability: Takes ownership for achieving the Organization’s priorities and assumes responsibility for own actions and delegated work.
  • Communication: Encourages and contributes to clear and open communication. Explains complex matters in an informative, inspiring and motivational way. Notes
  • Any offer made to the candidate in relation to this vacancy notice is subject to funding confirmation.
• Appointment will be subject to certification that the candidate is medically fit for appointment, verification of residency, visa, and authorizations by the concerned Government, where applicable.