External Consultant

Job Description

CONSULTANT - DOMESTICATION OF KENYA ENVIROMENTAL SANITATION AND HYGIENE POLICY AND BILL FOR BUNGOMA, BUSIA AND KAKAMEGA COUNTIES IN WESTERN KENYA

About USAID Western Kenya Sanitation Project (USAID WKSP)

USAID Western Kenya Sanitation Project is a five-year (2022 to 2027) program that is designed to create a financially sustainable, transformative, replicable, and locally owned sanitation and Menstrual Hygiene Management marketplace in western Kenya. The project is being implemented in eight (8) counties in western Kenya comprising Bungoma, Busia, Kakamega, Siaya, Homa Bay, Kisii, Kisumu, and Migori.

The project aims to achieve three interrelated but distinct objectives, namely:

1. Increased access to and uptake of market-based improved sanitation and faecal sludge management products and services.
2. Increased access to and uptake of market based improved MHM products and services at the household level.

• Strengthened policy and regulatory environments and increased capacity of county government officials to effect lasting change in sanitation management.

Introduction to the assignment

The Kenya Environmental Sanitation and Hygiene Policy (2016-2030), the principal policy on environmental sanitation and hygiene, is the outcome of several years of reviews and discourses by the Government of the Republic of Kenya and sector stakeholders to address limitations of the National Environmental Sanitation and Hygiene Policy published in 2007. The policy commits the Government to pursuing a robust strategy that will not only enable all Kenyans to enjoy their right to highest attainable standards of sanitation but also to a clean and healthy environment as guaranteed by the Constitution of Kenya, 2010. The policy therefore focuses on a range of complementary strategies devoted to ensuring universal access to improved sanitation and clean and healthy environment. The achievement of the national policy is underpinned by eight strategies: namely:

1. Scaling up access to improved rural and urban sanitation.
2. Assuring clean and healthy environment free from public nuisances.

• Fostering private sector participation and investment in sanitation.

1. Building governance and leadership capacity for sanitation.
2. Sustainable financing and investment for sanitation.
3. Building enabling legal and regulatory environment.

• Establishing an effective research and development framework for sanitation.
• Strengthening monitoring and evaluation systems for the sanitation sector.

The national Government according to the Fourth Schedule of the Constitution (2010) retains responsibility for national policy, training, capacity building, technical assistance and standards formulation. The 47 County governments on the other hand are responsible for sanitation functions and services including sanitation planning and financing, resource mobilization, public and private partnerships, intergovernmental relations, procurement of sanitation products and technologies, monitoring and evaluation, sanitation, information systems and human resource management and development (KESH, pg. 82). Some of the strategies proposed by Vision 2030, that are relevant to MBS and MHM include promotion of the use of hygienic toilets including ventilated and improved pit (VIP) latrines and septic tanks in rural areas; promotion of public health education on sanitation; expansion of sewerage schemes in urban areas, encouraging public-private partnerships in the development and management of sewerage systems; and promotion of solutions that can provide Total Hygienic Sanitation that includes clean toilet, safe sludge removal and effective sludge treatment.

The above strategies and functions would be critical to the achievement of Market Based Sanitation (MBS) and Menstrual Hygiene Management (MHM), the primary approaches being promoted and implemented by USAID WKSP. The county governments are therefore required to domesticate the KESH Policy and Prototype Bill (2016) to fit their own unique geographical, socio cultural and economic and situations and provide an enabling policy and regulatory environment to the achievement of MBS and MHM.

Objectives of the Assignment

USAID WKSP in partnership with the department of Public Health and Sanitation of the County Governments of Bungoma, Busia and Kakamega desire the services of a short-term consultant to work with the county government to domesticate KESH Policy and Prototype Bill (2023- 2032). The objectives of the consultancy include but are not limited to the following:

1. Providing an overview of international, regional, and national treaties, conventions, policies, plans and commitments governing the delivery of environmental hygiene and sanitation services.
2. Undertaking a comprehensive review of existing national and county level sanitation and hygiene policies, strategies and plans to provide the overall framework for pitching the proposed ESH Policies and Bills.

• Review development priorities, strategies and plans relevant to environmental sanitation and hygiene to inform the proposed Environmental Hygiene and Sanitation Policies and Bills for the three counties.

1. Collect and collate views of residents and stakeholders in the three counties to prioritize key issues around environmental hygiene and sanitation while considering the constitutional requirement of public participation in the process.
2. Prepare a draft County Environmental Sanitation and Hygiene Policy framework/outline to be pre- populated by the technical teams drawn from the three counties for validation by sector stakeholders for each county.
3. Prepare a draft Bill for the three counties for review and validation by sector stakeholders.

• Incorporate stakeholder comments into the draft policies and bills and prepare the final County Environmental Sanitation Policies and Bills (2023-2032) for adoption by the County Governments of Bungoma, Busia and Kakamega.
• Mainstream climate change adaptation plans into the policies and bills for the Counties.

Deliverables

The consultant, working in close collaboration with USAID WKSP staff and the Kakamega County Team is expected to deliver the following outputs.

1. Comprehensive inception report showing clear roadmap with timelines, stakeholder engagement plans, methodology and tools and templates for delivery.
2. Reviewed sanitation and hygiene situational analysis report (available from the baseline assessments, any existing gaps will be filled by the consultant and team).

• Draft Policy documents (drafts zero, 1, 2 and final)

1. Environmental Sanitation and Hygiene Bill.
2. Environmental Sanitation and Hygiene Policy and Bill process report.

Qualifications, Experience, Skills and Competencies

1. An advanced/post graduate degree in law, public health, public policy, or any related and relevant discipline.
2. At least five years of experience in public policy development, legal drafting, and public health research.
3. Experience with quantitative and qualitative studies, including data collection design, implementation, analysis and reporting.
4. In-depth knowledge of the Constitution of Kenya 2010 and relevant polices, legislations and strategies on environmental health and sanitation in Kenya.
5. Demonstrated policy formulation and/or domestication at the National and County level respectively.
6. Demonstrated understanding of the WASH sector in Kenya with experience working with county governments.
7. Ability to deploy and manage multi-disciplinary technical teams running concurrent activities across the three counties.

Language: Superior written and oral communications skills in English and Swahili are essential requirements.

Interpersonal skills: Demonstrated ability to work effectively with diverse teams in multicultural environments.

Assignment duration

The duration of the assignment shall have a level of effort of 65days over a period of three months.

Supervision of the Consultant

The selected Consultant will work under the direct supervision of the Director of Governance & Partnerships throughout the duration of the contract.

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