Assistant Director, Enforcement at Capital Markets Authority (CMA)

Job Purpose

• Reporting to the Deputy Director Investigations and Enforcement, the job holder will be responsible for coordination and implementation of enforcement strategies and programs in the Enforcement Division.

Job Responsibilities

• Overseeing the designing, development and implementation of enforcement policies, strategies, programs, systems, manuals and procedures to achieve protection of investors’ interest, enhance market integrity and increase deterrence;
• Coordinating the processes leading to administrative actions, defense and prosecution for breaches of regulatory framework;
• Coordinating administrative enforcement activities including hearings and ensure that all statutory, procedural and substantive requirements are observed;
• Coordinating the review of enforcement recommendations emanating from Market Supervision and Approvals, Financial Analysis and Sustainability Departments and propose appropriate enforcement actions;
• Coordinating enforcement activities with the Directorate of Criminal Investigations - Capital Markets Fraud Investigations Unit (CMFIU) in relation to criminal violations of capital markets legal and regulatory frameworks;
• Coordinating collaborative asset tracing activities with Asset Recovery Agency with respect to assets belonging to capital markets stakeholders obtained by persons through fraud or other illegal means;
• Coordinating with the Directorate of Legal, Governance and Advisory Services in supporting legal proceedings in relation to investigations, forensics, asset tracing, investigations and enforcement where the Authority is a party including through execution of appropriate pleadings;
• Coordinating engagements with other relevant government investigative and enforcement agencies including the Office of the Attorney General, Business Registration Service, Directorate of Public Prosecution and Judiciary;
• Coordinating engagements with other relevant domestic and international strategic partners to promote successful investigations, administrative actions and prosecutions;and
• Leading in the establishment and maintenance of a database to document information on all Division’s activities.

Minimum Requirements

• Cumulative period of twelve (12) years’ relevant work experience, three (3) of which should have been in a Principal Legal Officer or in an equivalent or comparable position;
• Master of Laws (LLM), Business Administration, Public Administration or equivalent qualifications from a recognized institution;
• Bachelor of Laws (LL. B) degree from a recognized and accredited institution;
• Membership to the Law Society of Kenya and in good standing;
• Advocate of the High Court of Kenya;
• Current Advocates Practicing Certificate;
• Leadership Course lasting not less than four (4) weeks from a recognized institution; and
• Proficiency in computer applications.