Consultant - Development of BCOCC Regulations

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

• Inception Report 
• Zero draft Regulations 
• Revised draft Regulations
• Approved Validated Regulations.
• Regulatory Impact Assessment.
• Exit Report

Qualifications

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