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TERMS OF REFERENCE (TOR) FOR CONSULTANCY SERVICES FOR RESEARCH ON THE IMPACT OF LEGAL EMPOWERMENT PROGRAMMES ON ACCESS TO JUSTICE FOR POOR AND MARGINALIZED IN KENYA

Organization Summary’

Kituo Cha Sheria-Legal Advice Centre (hereinafter referred to as “KITUO”) is a non-governmental organization established in 1973 to empower the poor and marginalized and to enhance equity and access to justice for all. Having been in existence for forty-nine years, KITUO stands as the oldest and most experienced legal aid and empowerment organization in Kenya, East, Central and the Horn of Africa. As such, KITUO has, for over forty years, implemented projects funded by diverse development partners involving peace building and social justice, legal empowerment and capacity building of communities, evidence-based research, good governance and advocacy on rights-based issues.

KITUO runs four key programmes, namely: Legal Aid and Education Programme (LAEP), Advocacy, Governance and Community Partnerships Programme (AGCP), Forced Migration Programme (FMP), Research, Communication and Knowledge Management Programme (RCKM) 3 and Finance and Administration. KITUO has physical presence in three locations, that is, the Head Office in Kilimani, Nairobi, a specialized Branch Office in Pangani dealing with legal protection for refugees and asylum seekers, and a Regional Office in Mombasa covering the entire Coast region of Kenya.

Background

Recent studies have shown that many African countries are on a trajectory towards realization of access to justice with more focus on legal empowerment interventions, such as legal literacy, enhancing access to formal adjudication systems and paralegalism etc. The Government of Kenya, under the 2010 Constitution, is obligated to facilitate access to justice to all its citizens as a means of sustainable development. Infringement of access to justice brings violates basic human rights, particularly those of the indigent.

KITUO, with the support of the International Development and Research Centre (IDRC), has launched a research project that will generally evaluate the impact of legal empowerment programming, the use of technology within the justice sector during the COVID- 19 pandemic and formalization of paralegals through recognition, training and accreditation. Comparative research of African countries and international best practices will be vital in providing a roadmap for the legal empowerment sector within the region. The scope of the project will be Kenya and the entire East Africa region. Lessons from other parts of Africa on these three questions will be shared as best practices. The research findings will not inspire change in attitudes and practices among the public, state and non-state actors but also inform future programme design, innovation and strategy on legal empowerment. The project also seeks to enhance learning in the East Africa region on legal empowerment. The research project will develop policy briefs and outcome documents that will be used by KITUO and regional partners such as the African Centre for Excellence and NAMATI for advocacy around legal empowerment in the Africa region.

Despite the considerable growth of legal empowerment programmes and actors in Africa, the justice gap remains wide. In 2019, a study revealed that 1.5 billion people worldwide are unable to access justice. The transformative change expected as a result of these programmes is yet to occur.

There is thus a justifiable reason to ascertain the impact of the legal empowerment programmes and reflect on the successes and the failures. The evaluation of the sector will identify areas for review so as to improve the impact of the programmes.

At the same time, there is a need to challenge perspectives on impact within the sector. Many organizations fail to focus on transformative change of beneficiaries of their programmes. Instead, impact is viewed at the lower output level. As a result, access to justice actors focus on implementing project activities as opposed to creating systemic change. Consequently, justice actors are continually overwhelmed with the justice needs and interventions. In the same vein, justice problems continue to persist.

Additionally, this will be evidence-based research to inform future programming on legal empowerment. The empirical research will identify gaps and recommend strategies that can bring transformative and systemic change. The research project seeks to understand what strategies have or have not worked, lessons learnt, new strategies for enhanced impact that are underpinned by evidence-based research.

Specific roles of the consultant

Under the general supervision of the Executive Director: Kituo Cha Sheria:

  1. Conduct a literature review in conjuction with Kituo research team
  2. Develop research tools in conjuction with Kituo research team.
  3. Train data entry clerks from Kenya.
  4. Collect primary data together with Kituo Research team.
  5. Conduct data analysis of the findings after the six months
  6. Compiling the report and sharing the research findings with the research beneficiaries for validation.
  7. Develope an in-country report.
  8. Develop at least one policy briefs; targeting Kenyan government and a regional policy brief used for advocacy at African continent/commission

Research Objectives

The research project has the following objectives:

  • To critically assess and evaluate the impact of legal empowerment programmes in transforming lived realities of beneficiaries and bringing systemic change in Kenya and select countries in East Africa.
  • To increase learning and sharing of experiences of state and non-state actors within the legal empowerment sector in East and Southern Africa so as to achieve impactful change.
  • To make recommendations and proposals based on empirical research that will improve the efficacy of legal empowerment programmes in the East Africa region that will result in transformative change.

Project period 

The contract will be for a period of one year.

Deliverables

  1. Develop an in county publishable version of the research study
  2. Develop an article of the legal empowerment journal.
  • Develop National policy brief and regional statement on human and peoples’ rights to be submitted to the African commission based on the findings of the study.

Qualifications and job requirements:

  1. Post-graduate university degree or equivalent in research-oriented social science, law, Anthropology with extensive knowledge of and experience in leading (designing and undertaking) large scale qualitative legal research.
  2. Extensive experience in conducting empirical qualitative research that adopts a participatory action research methodology.
  3. Extensive experience in advising academic and government institutions on similar research project including guiding research teams on research methodology and implementation;
  4. Proven ability to facilitate workshops and trainings, as well as to lead discussions with researchers and state and non-state actors.
  5. Strong track record of technical leadership, and proven ability to produce demonstrable results;
  6. Strong verbal and written communications skills in English and Kiswahili.
  7. Demonstrated ability to network within regional, national and local government agencies.

Application Procedures

The consultant is invited to submit an expression of interest with a technical proposal on the research design along with a detailed CV and or profile of the individual consultant or consultancy firm. Application is open to individuals/firms who, or may wish to form, an interdisciplinary research team/consortium. Kindly include a Financial Proposal that indicates the all-inclusive fixed total consultancy fees. The administrative expenses shall be catered for by Kituo cha Sheria. Kindly submit your technical and financial proposal, CV and cover letter within on or before Wednesday 4th May 2022 at 5pm. The applications will be addressed to:

The Chairperson

Board of Directors

Kituo cha Sheria – Legal Advice Centre

Along Ole Dume Road, Off Argwings Kodhek Road

P.O. Box 7483-00300

NAIROBI.

The application should be submitted in hard copy at Kituo cha Sheria’s Head Office or soft copy to research@kituochasheria.or.ke on or before the deadline. Those who had earlier submitted application need not reapply. 

 

 

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TERMS OF REFERENCE (TOR) FOR CONSULTANCY SERVICES FOR RESEARCH ON THE FORMALIZATION, RECOGNITION, FINANCING AND TRAINING OF PARALEGALS IN KENYA

Organization Summary’

Kituo Cha Sheria-Legal Advice Centre (hereinafter referred to as “KITUO”) is a non-governmental organization established in 1973 to empower the poor and marginalized and to enhance equity and access to justice for all. Having been in existence for forty-nine years, KITUO stands as the oldest and most experienced legal aid and empowerment organization in Kenya, East, Central and the Horn of Africa. As such, KITUO has, for over forty years, implemented projects funded by diverse development partners involving peace building and social justice, legal empowerment and capacity building of communities, evidence-based research, good governance and advocacy on rights-based issues.

KITUO runs four key programmes, namely: Legal Aid and Education Programme (LAEP), Advocacy, Governance and Community Partnerships Programme (AGCP), Forced Migration Programme (FMP), Research, Communication and Knowledge Management Programme (RCKM) 3 and Finance and Administration. KITUO has physical presence in three locations, that is, the Head Office in Kilimani, Nairobi, a specialized Branch Office in Pangani dealing with legal protection for refugees and asylum seekers, and a Regional Office in Mombasa covering the entire Coast region of Kenya.

Background

Recent studies have shown that many African countries are on a trajectory towards realization of access to justice with more focus on legal empowerment interventions, such as legal literacy, enhancing access to formal adjudication systems and paralegalism etc. The Government of Kenya, under the 2010 Constitution, is obligated to facilitate access to justice to all its citizens as a means of sustainable development. Infringement of access to justice brings violates basic human rights, particularly those of the indigent.

KITUO, with the support of the International Development and Research Centre (IDRC), has launched a research project that will generally evaluate the impact of legal empowerment programming, the use of technology within the justice sector during the COVID- 19 pandemic and formalization of paralegals through recognition, training and accreditation. Comparative research of African countries and international best practices will be vital in providing a roadmap for the legal empowerment sector within the region. The scope of the project will be Kenya and the entire East Africa region. Lessons from other parts of Africa on these three questions will be shared as best practices. The research findings will not inspire change in attitudes and practices among the public, state and non-state actors but also inform future programme design, innovation and strategy on legal empowerment. The project also seeks to enhance learning in the East Africa region on legal empowerment. The research project will develop policy briefs and outcome documents that will be used by KITUO and regional partners such as the African Centre for Excellence and NAMATI for advocacy around legal empowerment in the Africa region.

The study will assess the impact of formalization, recognition, financing and training of paralegals in Kenya to bridge the gap of justice delivery particularly to the poor and marginalized communities where the judicial infrastructure is deemed insufficient. This is a comparative study which will be carried out in Kenya and Zambia concurrently. Zambia has a good structure on paralegalism hence Kenya would like to draw from its experiences in regards to regulation of paralegalism and the sources of funding.

Specific roles of the consultant

Under the general supervision of the Executive Director of Kituo Cha Sheria:

  1. Conduct a literature review in conjuction with Kituo and Zambia research team
  2. Develop research tools in conjuction with Kituo and Zambia research team.
  3. Train data entry clerks from Kenya.
  4. Collect primary data together with Kituo Research team and have joint meeting with the Zambia team to compare findings throughout the project.
  5. Conduct data analysis of the findings after the six months
  6. Compiling the report and sharing the research findings with the research beneficiaries for validation.
  7. Develope an incountry report.
  8. Develop at least one policy briefs; targeting Kenyan government and a regional policy brief used for advocacy at African continent/commission.

Research Objectives

The research project has the following objectives:

  • To establish the existence of community-based paralegals and their services at grassroots levels and critically assess and evaluate the formalization, recognition, financing and training of paralegals in Kenya.
  • To comparatively document and disseminate best practices on legal recognition of paralegalism in Kenya and Zambia.
  • To increase learning and sharing of experiences of state and non-state actors that use the paralegal approach to legal empowerment in East and Southern Africa.
  • To contribute towards the shaping of the paralegal movement in Kenya, Zambia and Africa as a whole for purposes of more structural change.
  • To make recommendations and proposals based on empirical research that will improve the efficiency of paralegal work in Kenya and in the African region that will result in transformative change.

Project Period

The contract will be for a period of one year.

 Deliverables

  1. Develop an in county and comparative regional publishable version of the research study
  2. Develop an article of the legal empowerment journal.
  • Develop National policy brief and regional statement on human and peoples’ rights to be submitted to the African commission based on the findings of the study.

Qualifications and job requirements:

  1. Post-graduate university degree or equivalent in research-oriented social science, law, Anthropology with extensive knowledge of and experience in leading (designing and undertaking) large scale qualitative legal research.
  2. Extensive experience in conducting empirical qualitative research that adopts a participatory action research methodology.
  3. Extensive experience in advising academic and government institutions on similar research project including guiding research teams on research methodology and implementation;
  4. Proven ability to facilitate workshops and trainings, as well as to lead discussions with researchers and state and non-state actors.
  5. Strong track record of technical leadership, and proven ability to produce demonstrable results;
  6. Strong verbal and written communications skills in English and Kiswahili. Knowledge of French will be an added advantage.
  7. Demonstrated ability to network within regional, national and local government agencies.

Application Procedures

The consultant is invited to submit an expression of interest with a technical proposal on the research design along with a detailed CV and or profile of the individual consultant or consultancy firm. Application is open to individuals/firms who, or may wish to form, an interdisciplinary research team/consortium. Kindly include a Financial Proposal that indicates an all-inclusive fixed total consultancy fees. The administrative expenses of the research shall be catered for by Kituo cha Sheria. Kindly submit your technical and financial proposal, CV and cover letter within on or before Wednesday 4th May 2022 at 5pm. The applications will be addressed to:

The Chairperson

Board of Directors

Kituo cha Sheria – Legal Advice Centre

Along Ole Dume Road, Off Argwings Kodhek Road

P.O. Box 7483-00300

NAIROBI.

The application should be submitted in hard copy at Kituo cha Sheria’s Head Office or soft copy to research@kituochasheria.or.ke on or before the deadline. Those who had earlier submitted application need not reapply.

 

 

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TERMS OF REFERENCE (TOR) FOR CONSULTANCY SERVICES FOR RESEARCH ON THE IMPACT OF DIGITIZATION OF JUSTICE ON POOR AND MARGINALIZED COMMUNITIES IN KENYA

Organization Summary’

Kituo Cha Sheria-Legal Advice Centre (hereinafter referred to as “KITUO”) is a non-governmental organization established in 1973 to empower the poor and marginalized and to enhance equity and access to justice for all. Having been in existence for forty-nine years, KITUO stands as the oldest and most experienced legal aid and empowerment organization in Kenya, East, Central and the Horn of Africa. As such, KITUO has, for over forty years, implemented projects funded by diverse development partners involving peace building and social justice, legal empowerment and capacity building of communities, evidence-based research, good governance and advocacy on rights-based issues.

KITUO runs four key programmes, namely: Legal Aid and Education Programme (LAEP), Advocacy, Governance and Community Partnerships Programme (AGCP), Forced Migration Programme (FMP), Research, Communication and Knowledge Management Programme (RCKM) 3 and Finance and Administration. KITUO has physical presence in three locations, that is, the Head Office in Kilimani, Nairobi, a specialized Branch Office in Pangani dealing with legal protection for refugees and asylum seekers, and a Regional Office in Mombasa covering the entire Coast region of Kenya.

Background

Recent studies have shown that many African countries are on a trajectory towards realization of access to justice with more focus on legal empowerment interventions, such as legal literacy, enhancing access to formal adjudication systems and paralegalism etc. The Government of Kenya, under the 2010 Constitution, is obligated to facilitate access to justice to all its citizens as a means of sustainable development. Infringement of access to justice brings violates basic human rights, particularly those of the indigent.

KITUO, with the support of the International Development and Research Centre (IDRC), has launched a research project that will generally evaluate the impact of legal empowerment programming, the use of technology within the justice sector during the COVID- 19 pandemic and formalization of paralegals through recognition, training and accreditation. Comparative research of African countries and international best practices will be vital in providing a roadmap for the legal empowerment sector within the region. The scope of the project will be Kenya and the entire East Africa region. Lessons from other parts of Africa on these three questions will be shared as best practices. The research findings will not inspire change in attitudes and practices among the public, state and non-state actors but also inform future programme design, innovation and strategy on legal empowerment. The project also seeks to enhance learning in the East Africa region on legal empowerment. The research project will develop policy briefs and outcome documents that will be used by KITUO and regional partners such as the African Centre for Excellence and NAMATI for advocacy around legal empowerment in the Africa region.

Specific roles of the consultant

Under the general supervision of the Executive Director of Kituo Cha Sheria:

  1. Conduct a litrature review incojuction with Kituo and Rwanda research team
  2. Develop research tools incojuction with Kituo and Rwanda research team.
  3. Train data entry clerks from Kenya.
  4. Collect primary data together with Kituo Research team and have joint meeting with the Rwandese team to compare findings throughout the project.
  5. Conduct data analysis of the findings after the six months
  6. Compiling the report and sharing the research findings with the research beneficiaries for validation.
  7. Develope an incountry report.
  8. Develop at least one policy briefs; targeting Kenyan government and a regional policy brief used for advocacy at African continent/commission.

Research Objectives

The research project has the following objectives:

  • To critically assess and evaluate the impact of legal empowerment programmes in transforming lived realities of beneficiaries and bringing systemic change in Kenya and select countries in East Africa.
  • To document and disseminate best practices and success stories on strategies on legal empowerment more specifically use of technology and paralegalism.
  • To enhance synergies and collaboration amongst state and non-state actors within the justice sector in the East Africa region and beyond.
  • To increase learning and sharing of experiences of state and non-state actors within the justice sector in East Africa.
  • To make recommendations and proposals based on empirical research that will improve the efficacy of legal empowerment programmes in the East Africa region that will result in transformative change.

Project Period

The contract will be for a period of one year.

Deliverables

  1. Develop an in county and comparative regional publishable version of the research study
  2. Develop an article of the legal empowerment journal.
  • Develop National policy brief and regional statement on human and peoples’ rights to be submitted to the African commission based on the findings of the study.

Qualifications and job requirements:

  1. Post-graduate university degree or equivalent in research-oriented social science, law, Anthropology with extensive knowledge of and experience in leading (designing and undertaking) large scale qualitative legal research.
  2. Extensive experience in conducting empirical qualitative research that adopts a participatory action research methodology.
  3. Extensive experience in advising academic and government institutions on similar research project including guiding research teams on research methodology and implementation;
  4. Proven ability to facilitate workshops and trainings, as well as to lead discussions with researchers and state and non-state actors.
  5. Strong track record of technical leadership, and proven ability to produce demonstrable results;
  6. Strong verbal and written communications skills in English and Kiswahil. Knowledge of French will be an added advantage.
  7. Demonstrated ability to network within regional, national and local government agencies.

Application Procedures

The consultant is invited to submit an expression of interest with a technical proposal on the research design along with a detailed CV and or profile of the individual consultant or consultancy firm. Application is open to individuals/firms who, or may wish to form, an interdisciplinary research team/consortium. Kindly include a Financial Proposal that indicates the all-inclusive fixed total consultancy fees, supported by a breakdown of costs. The administrative expenses shall be catered for by Kituo cha Sheria. Kindly submit your technical and financia proposal, CV and cover letter within on or before Wednesday 4th May 2022 at 5pm. The applications will be addressed to:

The Chairperson

Board of Directors

Kituo cha Sheria – Legal Advice Centre

Along Ole Dume Road, Off Argwings Kodhek Road

P.O. Box 7483-00300

NAIROBI.

The application should be submitted in hard copy at Kituo cha Sheria’s Head Office or soft copy to research@kituochasheria.or.ke on or before the deadline. Those who had earlier submitted application need not reapply.

 

 

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Terms of Reference (TOR) for consultancy on research on access to durable solutions for refugees in Kenya through local integration

1.      Background

Kituo Cha Sheria seeks to hire a consultant to conduct a six month participatory action research on durable solutions for refugees through local integration via permanent residency and or citizenship. The research is supported by the Open Society Foundations. The outcome of the research is a comprehensive and abridged report for publication and dissemination.

  1. Purpose

The Consultant is expected to conduct the research at six locations (Mombasa,Nairobi, Nakuru, Eldoret, Kakuma & Kalobeyei refugee camp and Daddab refugee camp) and provide a comprehensive report at the end of the research. The consultant will be supported by  Kituo Cha Sheria staff in identifying and mobilizing the respondents during the actual focus group discussion forums.

The main purpose of the research is to collect data, analyze and generate information and on:

  • The current refugee rights and legal status in Kenya.
  • To gather views of members of the host community and other major stakeholders on refugee rights and legal status in Kenya.
3.         Primary role of the Consultant

Under the general supervision of the Executive Director of Kituo Cha Sheria:

  1. The Consultant will provide overall management and coordination and leadership for the preparation, planning, implementation and completion of the research;
  2. The Consultant will conduct FGDs together with Kituo cha Sheria’s project team and enumerators so as to collect data from various refugee groups and their host communities in Mombasa, Nairobi, Nakuru, Eldoret, Kakuma/ Kalobeyei and Dadaab refugee camps.
  3. The Consultant will coordinate the work of enumerators, data collection team, data tabulation and analysis and reporting.

 

  1. The Consultant will present the findings in a one-day validation workshop in Nairobi with Kituo staff and stakeholders.
  2. The Consultant will write a report in both abridged and full version for Kituo cha Sheria to publish and disseminate.

Specific responsibilities

  • Provide coordination, leadership for the preparation, planning, implementation and completion of the research:
    • Develop detailed research design and work plan for the entire period of the survey;
    • Ensure quality control of the research and coordinate with Kituo Cha Sheria;
    • Ensure strategic coordination and effective scheduling of FGD activities.
  • Provide strategic advice, technical guidance and overall responsibility for the preparation, planning, undertaking and completion of the research:
    • Coordinate with Kituo Cha Sheria FMP for mobilization of respondents for the FGDs in the six locations.
    • Develop, design, finalize the research tools and pilot testing of the research tools.
    • Conduct standard interviewer training and provide guidance to Kituo staff, refugee representatives, members of the host community respondents and data collection team (enumerators) as required;
    • Develop sampling strategies, innovative data collection techniques, data analysis;
    • Lead the preparation of the research
    • Ensure quality of supervision and adherence to research procedures and ethics;
    • Lead in dissemination of the findings of the research through the completed research
5.         Objectives of the research

To understand:

  1.     The experiences of refugees who have applied for permanent residency and/or citizenship in Kenya.
  2.     The demographics of successful and unsuccessful refugee applicants.
  3.     The wishes and aspirations of refugees who have either a) are married to a Kenyan or b) are born to a Kenyan parent to access permanent residency and/or citizenship.
  4.     The views of the host community and key stakeholders on refugee rights on permanent residency and citizenship.
6.         Scale and scope of the survey

The survey should be representative of the refugee population in Kenya with sampling size drawn on a stratified basis to ensure adequate representation of the diverse refugee nationalities, members of the host community, key stakeholders and other social groups in the country.

7.         Expected outputs/deliverables

Detailed and professional reporting that addresses both the overall and specific objectives of the research.

  1. The report must concisely address the information outlined above. Documentation will include the following.
  2. Work plan and Inception Report (with key parameters and indicators to be considered for the research including the methodologies for data collection and dissemination).
  3. Present results of the research and prepare a draft report for Kituo Cha Sheria team and stakeholders during the validation workshop.
  4. Finalize the draft report with inputs from Kituo Cha Sheria team, all stakeholders, including refugee and host community representatives.
  5. Submit all the working files and final dataset (physical and electronic) including the raw data to Kituo Cha Sheria

Reporting will include:

  • A comprehensive and well-organized Final Report complete with standard reporting formats.
  • An Abridged and simplified Report synthesizing the main findings and indicators of the
8.         Project Scope and Timeframe

The contract will be for a period of 30 days but spread over 1 to 2month (s).

9.         Management and partnership strategy for the research

The consultant will take the overall lead of the research including data collection, FGD, conducting of interviews, data analysis and reporting.

Kituo Cha Sheria shall nominate staff to provide guidance on mobilization and support the consultant as need arises and upon request.

Kituo Cha Sheria staff shall organize and participate in the validation workshop to input in the draft report.

Kituo Cha Sheria Executive Director shall supervise or nominate an individual to supervise the consultant through the consultancy period.

10.       Qualifications and job requirements
  1. Post-graduate university degree or equivalent in research-oriented social science or law with extensive knowledge of and experience in leading (designing and undertaking) large scale quantitative social/health/economic surveys.
  2. Extensive experience in advising academic and government institutions on similar research on Forced migration and Citizenship rights, including guiding research teams on research methodology and implementation;
  3. Proven ability to facilitate workshops and training, as well as to lead discussions with researchers and state and non-state actors.
  4. Strong track record of technical leadership, and proven ability to produce demonstrable results;
  5. Strong verbal and written communications skills in English; knowledge of Kiswahili desirable.
  6. Demonstrated ability to network within national government partners, civil society, higher learning institutions and refugee sectors.
  7. Prior work experience in the area of  Forced Migration and refugee rights
11.       Application Procedures

The consultant is invited to submit an expression of interest with a technical proposal on the research design along with a detailed CV and or profile of the individual consultant or consultancy firm. Application is open to individuals/firms who, or may wish to form, an interdisciplinary research team/consortium. Kindly include a Financial Proposal that indicates the all-inclusive fixed total consultancy fees, supported by a breakdown of costs. The administrative expenses shall be catered for by Kituo cha Sheria. Kindly submit your technical and financia proposal, CV and cover letter within on or before Wednesday 4th May 2022 at 5pm. The applications will be addressed to:

The Chairperson

Board of Directors

Kituo cha Sheria – Legal Advice Centre

Along Ole Dume Road, Off Argwings Kodhek Road

P.O. Box 7483-00300

NAIROBI.

The application should be submitted in hard copy at Kituo cha Sheria’s Head Office or soft copy to research@kituochasheria.or.ke on or before the deadline. Those who had earlier submitted application need not reapply.

 

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