Corporation Secretary And Director, Legal Services, Grade 2 at JKUAT Enterprises Limited

Job Specification 

• The Corporation Secretary and Director, Legal Services is responsible for providing Board Secretarial and related services to the Board of Directors and ensure effective and efficient management of contract administration, company insurance, legislative drafting and compliance with legal and regulatory legislation including provision of legal advice to members of management. 

Duties and responsibilities 

• Providing advisory on the impact of international instruments;
• Arranging the business of the Board’s meetings, keep records of the proceedings of Board and perform other duties as the Board may direct;
• Providing advice on legal and corporate matters to the Board through interpretation and writing legal opinions;
• Providing secretariat services to the Board; 
• Developing and review relevant regulatory Legal framework for the better implementation of the Corporation’s mandate;
• Coordinating and ensuring representation of the Corporation in courts or other judicial authorities; 
• Drafting and reviewing Leases, Contracts, Licensing Frameworks, Service Level Agreements, Memorandum of Understanding, leases and other legal documents to ensure compliance to statutory requirements and the Corporation’s policies;
• Liaising with the Attorney General, law enforcement agencies and stakeholders on all legal matters; 
• Ensuring that Legal Audit Compliance is carried out to confirm compliance with relevant statutory requirements;
• Overseeing the implementation of Mwongozo, Code of Conduct at the Corporation; and 
• Formulating, drafting and facilitating gazettement of Rules, Regulations and Directives issued by or on behalf of the Corporation. 

Establishing and manage the Legal Registry;

• Establishing and managing the Corporation’s Securities Register for the custody and maintenance of securities, bonds or other propriateray instruments resulting from the Corporation’s transactional activities, as required;
• Providing legal guidance on contractual and statutory obligations binding to the Corporation;
• Providing and interpreting legal information, conducting training and disseminate appropriate legal requirements to staff;
• Safeguarding the Corporation’s interests and ensuring that they are adequately defended before the courts;
• Managing, reviewing, and monitoring progress of all outstanding litigation;
• Issuing instructions, liaising with the Corporation’s appointed Advocates with a view to ensuring they act in the Corporation’s interest while handling cases on its behalf; 
• Ensuring the Agency complies with constitutional, regulatory and all relevant laws in force through the provision of legal advisory services and contractual risks are efficiently managed;
• Undertaking extensive review of different requests for approval, licenses both internal and external for purposes of ascertaining legal soundness, make appropriate recommendations and ensure proper implementation;
• Document and maintain a record of all enforcement and compliance assignments undertaken by the Corporation’s personnel and develop legal accountability structures in relation to enforcement assignments;
• Establish and manage the Corporation’s Register of Codes, Regulations, Rules, Guidelines, By-Laws And Treaties; 
• Legal drafting of the Corporation’s codes, regulations, rules, guidelines, by-laws and treaties;
• Continously manage, review and updating of all the the Corporation’s codes, regulations, rules, guidelines, by-laws and treaties for consistency with each other, and also compliance with the National and County Legal Frameworks;
• Establish and manage the Corporation’s Alternative Dispute ResolutionMechanism;
• Developing the Corporation’s proactive and preventive legal policies and strategies aimed at forestalling disputes, controversies and litigation; xxvii) Continously engage and build the capacity of the Corporation’s Lessess, Licensees, Partners and other stakeholders on use of the the Corporation’s ADR Mechanism;
• Liaising with the National and International ADR Mechanisms and Resources for application to the Corporation;
• Risk management on all the Corporation’s internal legal and regulatory matters and liaise with relevant departments to ensure that where legal risks have  been identified, appropriate courses of action are taken;
• Conducting legal and regulatory risk management extension services to the Corporation’s Lessess, Licensees, Partners and other stakeholders for consistency in application and compliance;

Faciliate Legal Complaince Audits;

• Prepare review and modify contractual instruments to assist and support various business activities, and negotiate, review and draft documentation for business transactions;
• Prepare and advise on necessary regulatory checklists to be adopted to ensure informatiuin and documentation is uniformly, accurately and timeously submitted to the Corporation;
• Conduct Legal Due Diligence on all prospective Lessees, Licensees, Partners or other third parties with whom the Corporation is to enter a legal relationship with;
• Establish and manage the Lease Register;
• Establish and manage the Licenses Register;
• Prepare and review agreements, licenses, leases and similar instruments;
• Ensuring relevant legal relations with tenants and other stakeholders are entered into by preparing appropriate leases, licences and other contracts on the  Corporation’s assets;
• Developing and vetting policy papers and instruments with legal implications for approval by the Corporation; advising the Corporation and coordination with the functional areas in relation to various legal requirements which must be complied with a and the legal obstacles which must be overcome in order to obtain the Corporation’s targeted results; responsibility for the timely release of legal advice to assist the Corporation in making an informed decision;
• Ensuring timely compliance with rules and regulations affecting the Corporation, including the Code of Conduct and Ethics; attending to all legal matters of the Corporation including advising, vetting and drafting of legal agreements in relation to the Corporation’s operations; and
• Liaising the functional units on queries or legal matters that should arise that relate to the Corporation’s affairs.
• Providing secretarial services to the Board and its Committees.
• Providing of guidance to the Board on their duties and responsibilities and on matters of Governance;
• Faciliating Board induction and development and implementation of the Capacity building programmes;
• Preparing and managing of Board Work-Plans; 
• Faciliating Annual Board Evaluation; 

Faciliating Governance Audits;

• Initiating the Development and implementation of the Board Charters, Terms ofReference and the Code of Conduct and Ethics; preparing and circulating of Board and Committee Papers;
• Keeping safe Custody and accounting for of the Corporation’s seal, securities, agreements, minutes, titles and other legal instruments; and,
• Maintaining and updating the Register of Conflict of Interest.

Requirements

For appointment to this grade, an officer must have:

• A minimum of ten (12) years in relevant work experience and at least eight (8) years in management in the Public or Private Sector;
• Bachelor of Laws degree or equivalent qualifications from a recognized institution;
• Masters Degree in any of the following disciplines; Law, Metropolitan transport or equivalent qualifications from a recognized institution;
• Postgraduate Diploma in Law from the Kenya School of Law;
• Admitted as an Advocate of the High Court of Kenya;
• Hold a valid practicing certificate;
• Member of the Law Society
• Leadership course lasting not less than Four (4) weeks from a recognized institution.
• Proficiency in computer applications;
• Show merit and ability as reflected in work performance and results; and
• Fulfill the requirements of Chapter Six of the constitution