Consultancy To Develop Secondary Legislation Under The
Insolvency Act 2015
Credit No: 5627 KE
Project ID No: P151816
1. TheGovernment of Kenya (GoK) has received financing from the World Bank towards the cost of the Financial Sector Support Project(FSSP) whose overall development objective is to strengthenthe legal, regulatory and institutional environment for improved financial stability, accessto and provision of, affordable and long term financing. It is intended that part of the proceeds of this creditbe applied to eligible payments under the contracts for the Development of SecondaryLegislation under the Insolvency Act 2015 to be implemented over a period of three (3) months.
2. Objective of theAssignment
To develop effectivesecondary legislation, namely rules, to ensure effective implementation of the Insolvency Act 2015, as well as reviewing the newly enacted regulations(Insolvency Regulations 2016) for further amendment as necessary.
3. Scope of the Work
The scope of work of the assignmentwill cover, but is not limited to, the tasks described below:
· Providing high quality, technicalexpertise in drafting secondary legislation that effectively implements the Insolvency Act 2015, including but not limited todeliverables comprising rules, revised regulations, forms and/or guidelines;
· Providing high quality, technicalexpertise to implement the provisions of the Insolvency Act dealing with insolvency practitioners, including but not limited todrafting relevant insolvency regulations, forms, guidelines, a code of conduct and practice notes;
· Providing advice and guidance to theGovernment of Kenya's designated drafts person/people, whererelevant, including on drafting options, comparative country practicesand best standards;
· Providing advice and guidance, whererelevant, to the Official Receiver's Office, in relation to its expanded role under the Insolvency Act, Insolvency Rules andrelated secondary legislation;
· Assisting, when so required, ontraining and outreach sessions relating to the Insolvency Act and associated secondary legislation;
· Providing guidance and capacity building, where relevant, to theOfficial Receiver's Office, in relation to its supervisory role over insolvency practitioners, including in relation to theapplication process, monitoring of insolvency practitioners, disciplinary measures and removal fromoffice;
· Designing and developing training materials, handbooks and userguides for capacity building, training and dissemination to the stakeholders and the general public.
4. The National Treasury (the Client) through its Project Implementation Unit (PIU) nowinvites eligible individual consultants to express theirinterest in providing the services. Interested Consultantsshould provide information demonstrating that they have the required qualifications and relevant experienceto perform the services. Consultants shouldprovide their most recent profiles showing their experience, qualifications, capabilities, references and details of pastexperience especially in the area of their expertise etc. The shortlisting criteria are; (a) Degree in Law, Finance, Business orother relevant subject; (b) At least 15 years of professional experience in restructuring and insolvency. Knowledge of Kenyan and/or English insolvency law isparticularly desirable; (c) Familiarity with best practice insolvency standards promoted by international organizations such as theWorldBank Group and UNCITRAL; (d) Legislative drafting experience is highly desirable; (e) Strong interpersonal skills and abilityto work effectively with internal/external partners; (f) Communication, training, and report writing skills; and (g)Fluency in written and spoken English.
5. The expression ofinterest is also open to interested firms who may wish to propose individual consultants. In such cases, only the experience andqualifications of the individuals proposed shall be taken into account in the selection process and not the firm's corporateexperience. Consequently, the ensuing contract agreement will be signed directly with the successfulindividual.
6. The attention of interested Consultants is drawn toparagraph 1.9 of the World Bank's Guidelines: Selection and Employment of Consultants[under IBRD Loans and IDA Credits & Grants] by World Bank Borrowers published in January 2011and revised in July 2014 ("Consultant Guidelines"), setting forth theWorld Bank'spolicy on conflict of interest.
7. Interestedeligible individuals may obtain further information at the address given belowduring office hours between 0900 to 1700hours, Monday ? Friday inclusive, exclusiveof public holidays, before the deadline for the submissionof Expressions of Interest.
8. AConsultant will be selected in accordance with Selection of IndividualConsultant method set out in the Consultants Guidelines.
9. Complete Expressions of Interest documents to be submitted in plain sealed envelopes with consultancy reference and name clearly marked on top should be delivered in person, sent by mail orby email to the address shown below or placed in the tender box at our offices on the 7th floor, Anniversary Towers,North Tower
Attention: Procurement Specialist
P.O Box 21190 ?00100
7th Floor, Anniversary Towers, North Tower.
BuildingNo.19 Monrovia Street/University Way
Telephone No: +254-20-2210271/4
E-mail: firstname.lastname@example.org; email@example.com
10. Deadline for submission of Expressions of Interest is Thursday 23rdJune 2016 at 1600 hours Kenyan local time.
FOR: PRINCIPAL SECRETARY