Hatua za Utafiti
LAW REFORM PROCESSES
Stages of Reform Process
The reform process may include the following stages:
a)preparation of a Concept Paper;
b)preparation of a Discussion Paper;
c)undertaking aPre-Field Research;
d)undertakinga Field Research;
e)preparation of a Draft Report;
f)conducting Stakeholders’ Validation Workshop;
g)preparation of a Report; and
h)submission of the Report to the Minister.
Reform of a law or branch of a law may be preceded by a Concept Paper. The Concept Paper provides for a brief contextual analysis that identifies ideas, problems and challenges to be addressed in the reform.
Upon approval of the Concept Paper a Discussion Paper is developed. The Discussion Paper provides for a statement of the problem; historical background to the problem; scope and objective of the reform; reform methodology; an in-depth contextual analysis of the policies and laws on the subject matter; an in-depth analysis of regional and international policies and legal frameworks on the subject matter; an in-depth analysis of laws from selected foreign countries on the subject matter; legal and policy problems identified during preliminary research; an identified needs assessment for reform and any study tour for consultation with relevant stakeholders.
Pre – Field Research
The Commission may, where it deems fit, undertake a pre-field research prior undertaking field research. The pre-field research include: physical visits to areas which will be the subject for field research; undertaking logistical arrangements necessary for researchers and respondents during the research; liaising with relevant government authorities on the undertaking of field research; and identifying any challenges that may hinder smooth field research.
Field research is undertaken in selected regions or institutions. In identifying and selecting regions or institutions to be consulted the Commission take into account: prevalence of the research problem in the region; presence of relevant and key stakeholders in the region; zonal representation of regions national wise; the relevancy of the review or research to selected regions; and any other factor that the Commission may deem just and fit to consider.
On completion of field research the Draft Report is prepared. Preparation of the Draft Report take into account: desk review undertaken and consultations from relevant stakeholders; current position of policies and laws, the issues involved and the subject matter for reform; policy and legal problems identified during preliminary research; analysis on the law relating to the existing policies, the national legal framework, regional and international obligations; and elaborate recommendations for new law or amendment of an existing law.
Upon approval of the Draft Report, Validation Workshops are convened to validate findings of the Draft Report. During Validation Workshop the discussion reflects on: comments and recommendations on the Draft Report to ensure that comments and recommendations made during the field research have been well noted, analyzed and considered by the Commission.
After conclusion of the Validation Workshop a Report is prepared by the Commission. Preparation of the Report takes into account: views and recommendations given by stakeholders on the Draft Report during the Validation Workshop; and any other emerging issues that need to be addressed in the Draft Report.
The Draft Bill may be prepared by the Commission at this stage, if it is deemed necessary for ease of appreciation, adoption and implementation of recommendations of the Report by the relevant Government institution.
Submission of the Report
The Commission shall submit the Report to the Minister for legal affairs.