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