LEGAL ADVICE ON PROJECT IMPLEMENTATION IN KENYA At Triggerise

1. Background

Triggerise is a non-profit that motivates users – primarily young women and adolescent girls – to make positive health choices. We use nudges like reminders, discounts, in person and digital follow-ups, and reward points to encourage our users to access and use healthy products and services. In Kenya, Triggerise manages a digital platform that links demand and supply around health services; the specific focus has been on increasing access to contraceptive services and HIV testing services.Triggerise is implementing a project with the main objective of reducing teenage pregnancies and HIV transmissions among adolescents aged 15-19 year olds across a network of quality assured health facilities i.e. clinics and pharmacies. The project is implemented across 15 counties which include Mombasa, Kilifi, Nairobi, Nakuru, Uasin Gishu, Kakamega, Vihiga, Kisumu, Siaya, Bungoma, Busia, Homabay, Migori, Kisii and Nyamira.

2. Objectives

The objectives of this consultancy are:

• Provide a legal opinion and advice on the current legal and policy status on adolescent and youth sexual reproductive health (AYSRH) access to information and services in Kenya. This is necessitated by the fact that laws, policies and guidelines are not harmonized or not optimally implemented to respond to the SRH needs of adolescents in Kenya.
• Provide legal advice on the current status of enforcement of the Kenya data protection act and policy. This legal advice will inform the design and implementation approach of various projects focused on access to SRH information and services among the target population of adolescents and youth.

3. Methodology

The consultant will perform the following tasks:

1. Provision of SRH information and services among adolescents and youth
2. Review the relevant laws, policies and guidelines in relation to provision of reproductive health information and services specifically to minors.
3. Review of internal documentation utilized by service providers on the platform in connection to service provision to minors,
4. Identify current opportunities in law in relation to age of consent to seek medical reproductive health services/ treatment
5. A desk review of previous legal incidents arising in relation to the provision of information and services specifically to minors and recommendations of measures to be effected to prevent these incidents;
6. Interview key national and country level key subject matter experts
7. Provide recommendations for any changes in the program implementation approach to ensure compliance with the laws ,policies and guidelines.

a) Data protection

1. Confirm the enforcement status of the Kenya data protection and privacy act 2019
2. Assess the compliance status of Triggerise to the data protection act
3. Highlight any gaps and provide recommendations in relation to data protection regulations that need to be addressed within the organization.
4. Review all the contracts and processes for data compliance issues in relation to the data protection and privacy act (2019) for Kenya

b) Deliverables/ Expected outputs

A final report containing covering:

• Legal advice on provision of SRH information and services among minors and parental consent
• Legal advice to ensure Triggerise’s compliance to the Kenya Data Protection act.
• Access to all interview scripts

1. TECHNICAL REQUIREMENTS

The qualified firm should exhibit the following:

• Demonstration of experience and expertise of similar assignments.
• Providing an activity plan (project plan) of actions to achieve the objectives of the assignment, specifying budgeted hours, timelines and sequence for its consultancy procedure and level of staff to be assigned;
• Incorporating CV’s of the proposed professional staff of the core management team proposed

for the engagement and the authorized representative submitting the proposal.

• Registration Certificate
• Tax Compliance Certificate.
• Be registered at the local legal professional bodies.

2. EVALUATION CRITERIA

Proposals will be evaluated in two parts. The experience, technical proposal and financial quotation shall bear 70% of the total marks while the references and financial capacity shall bear 30% of the total marks.

• Proposals should make clear about the relevant skills, experience and capacity of the participant, in respect of this particular TOR.
• Proposals must contain the details of the proposed approach to be adopted in order to deliver the service in accordance with the TOR.
• Proposals should clearly indicate whether or not bid participants have the capacity to meet the requirements of the TOR.
• Must be a registered firm in Kenya.

Functionality evaluation criteria:

1. Experience, Skills and Ability of Service Provider

Bidders’ track record which includes

• Past experience in similar work of this nature.
• Team member experience (accompanied by brief CV’s).
• Ability of the bidder to fulfil TRIGGERISE’s requirements

Total Weight : 30

1. Technical Approach and Execution Plan
2. Proposals must contain the details of the proposed approach to be adopted in order to deliver the service in accordance with the TOR.

Total Weight : 30

1. Financial quotation
2. Bidders must allocate Senior Staff members for this engagement.
3. Competitive rates for the services

Total Weight : 10

1. References
2. Did the bidder submit at least three relevant and contactable clients that were serviced in the past 36 months.

Total Weight : 10

1. Capacity
2. Proposals should clearly indicate whether or not bid participants have the capacity to meet the requirements of the TOR.

Total Weight : 20