Managing national borders is a complex and multifaceted task. Governments across the world are confronted with a variety of cross-border threats including transnational organized crime, terrorism, human trafficking, and irregular migration. In response, many states have recognized the importance of adopting integrated and coordinated approaches to border security and management that balance security imperatives with the facilitation of legitimate travel and trade.
In Kenya, the government has made significant legislative and institutional strides to strengthen its border security framework. This has included reforms under the Security Laws (Amendment) Act, 2014, which established important national and local border governance mechanisms such as the Border Control and Coordination Operations Committee (BCOCC), the Border Management Secretariat, as well as Border Management Committees and Joint Operations Centres at ports of entry and exit. These structures have enhanced collaboration and facilitated joint decision-making through data and information sharing.
Alongside these reforms, several other key national laws have been enacted to guide and regulate aspects of border management, including the Kenya Citizenship and Immigration Act, the Prevention of Terrorism Act, the Counter-Trafficking in Persons Act, the Public Health Act, and the Prevention of Organized Crime Act. Collectively, these frameworks provide a legal foundation for addressing evolving security threats while enabling smooth facilitation of movement and trade.
Kenya’s obligations at the regional and international levels also shape its border governance. As a member of regional economic communities such as the East African Community (EAC), Intergovernmental Authority on Development (IGAD), and the African Union (AU), Kenya is committed to implementing regional instruments that address border security, migration, and trade facilitation. These include the EAC Customs Management Act, the Common Market Protocol, the AU Border Programme, and the IGAD Protocol on the Free Movement of Persons, among others.
In line with these national, regional, and international frameworks, the International Organization for Migration (IOM) Kenya, in partnership with relevant government authorities, is seeking a Consultant to support the development of the draft Kenya Citizenship and Immigration (Border Control and Operations Coordination Committee) Regulations, 2025. The successful applicant will work closely with the Technical Working Group (TWG) of the BCOCC to ensure that the regulations are comprehensive, legally sound, and aligned with existing legislation.
Job Description
Overall Objective
The central objective of the consultancy is to facilitate the drafting and validation of the Kenya Citizenship and Immigration (Border Control and Operations Coordination Committee) Regulations, 2025. This assignment seeks to ensure that Kenya has a robust and harmonized legal framework for border governance, in line with both national priorities and regional obligations.
Specific Objectives
- To provide technical support to the BCOCC Technical Working Group in developing the draft Regulations.
- To ensure alignment of the Regulations with existing national laws and regional/international legal frameworks.
- To support the enactment process of the draft Regulations in close collaboration with the TWG and BCOCC.
- To organize and facilitate workshops for stakeholder consultation, development, and validation of the Regulations.
Scope of Work
The Consultant will carry out the following key tasks over a maximum of 75 working days within the five-month period:
- Engagement and Consultation
- Engage with the BCOCC and the Technical Working Group to design and agree on the process for drafting the Regulations.
- Conduct consultations with relevant stakeholders including government agencies, legal experts, and border management actors.
- Desk Review
- Undertake a comprehensive review of existing national and regional legal frameworks related to border management and security.
- Examine international best practices and lessons learned from comparable jurisdictions.
- Review existing policies, guidelines, regulations, and other documents related to Kenya’s border control framework.
- Drafting of Regulations
- Prepare a comprehensive “zero draft” of the Regulations based on desk reviews, consultations, and legal assessments.
- Ensure the draft reflects legal accuracy, contextual relevance, and alignment with both domestic and regional frameworks.
- Incorporate relevant provisions from existing instruments to close gaps and eliminate duplications.
- Stakeholder Workshops and Validation
- Present the “zero draft” to stakeholders during a national workshop to obtain feedback and recommendations.
- Revise the draft Regulations to incorporate stakeholder input.
- Facilitate additional validation sessions in collaboration with the BCOCC and TWG.
- Regulatory Impact Assessment (RIA)
- Prepare a Regulatory Impact Assessment in compliance with the requirements under the Statutory Instruments Act.
- Ensure the RIA evaluates both legal and socio-economic impacts of the proposed Regulations.
- Submission and Enactment Support
- Support the TWG in finalizing the draft Regulations for submission to the National Assembly Committee on Delegated Legislation.
- Assist in preparing the explanatory memorandum and supporting documentation for parliamentary review.
- Final Reporting
- Compile a final report summarizing the entire regulation-making process.
- Document key findings, actions taken, stakeholders engaged, and methods used.
- Provide the Cabinet Secretary of the Ministry of Interior and National Administration with the final Regulations, explanatory memorandum, and summary report.
Deliverables
The Consultant is expected to produce the following outputs during the consultancy period:
- Inception Report outlining methodology and work plan.
- “Zero draft” Regulations for stakeholder review.
- Revised draft Regulations incorporating feedback.
- Validated and approved Regulations ready for enactment.
- Regulatory Impact Assessment (RIA).
- Exit Report summarizing the process, methodologies, and stakeholder engagement outcomes.
Duration and Timeline
The consultancy is scheduled to run from October 2025 to February 2026, covering a total of five months. A maximum of 75 working days will be allocated to the assignment, distributed across tasks including desk reviews, drafting, workshops, validation, and reporting.
Required Competencies
The consultancy requires a high level of technical expertise and professional conduct. The following values and competencies are critical:
- Values
- Inclusion and respect for diversity: Promotes cultural sensitivity and inclusivity.
- Integrity and transparency: Demonstrates adherence to ethical standards.
- Professionalism: Executes tasks with competence and commitment.
- Courage: Takes principled stands on critical issues.
- Empathy: Treats stakeholders with respect and fairness.
- Core Competencies
- Teamwork: Fosters collaboration to achieve shared objectives.
- Delivering results: Produces timely, high-quality deliverables.
- Managing and sharing knowledge: Promotes knowledge transfer and innovation.
- Accountability: Takes ownership of actions and outcomes.
- Communication: Conveys complex information clearly and effectively.
Contract Details
- Type of Contract: Consultancy
- Initial Duration: 5 months
- Working Days: Up to 75 days within the contract period
- Work Location: Nairobi, Kenya
- Travel: No travel outside Nairobi required
Notes
- Any offer made in connection with this vacancy is subject to funding confirmation.
- Appointment is subject to medical fitness certification, verification of residency or visa status, and necessary government authorizations.
- IOM provides insurance coverage for occupational accidents and illnesses during the consultancy period. However, consultants are expected to arrange their own medical insurance for non-occupational health matters.
- IOM has a strict zero-tolerance policy regarding sexual exploitation and abuse, harassment, abuse of authority, and discrimination.
- No fees are charged at any stage of the recruitment process. Applicants are not required to disclose financial or bank account information during the process.
Location: Nairobi, Kenya
Contract Type: Consultancy (Up to 11 months)
Duration: 5 months (October 2025 – February 2026)
Application Deadline: 12 September 2025
Application Information
Interested applicants are invited to submit their applications exclusively through the IOM online recruitment system. The system also provides candidates with the ability to monitor the progress of their applications.
