Corporation Secretary and General Manager, Legal Services at The Central Rift Valley Water Works Development Agency

Ref: CRVWWDA/CSGMLS /08/2022/23

Job Purpose
The job involves providing Board Secretarial and related services to the Board of Directors and ensures 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.

Job Specification 
Duties and responsibilities will entail: -

• 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 Agency’s mandate; 
• Coordinating and ensuring representation of the Agency 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 Agency’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 Agency; 
• Formulating, drafting and facilitating gazettement of Rules, Regulations and Directives issued by or on behalf of the Agency;
• Establishing and managing the Legal Registry;
• Establishing and managing the Agency’s Securities Register for the custody and maintenance of securities, bonds or other proprietary instruments resulting from the Agency’s transactional activities, as required; 
• Providing legal guidance on contractual and statutory obligations binding to the Agency; 
• Providing and interpreting legal information, conducting training and disseminate appropriate legal requirements to staff; 
• Safeguarding the Agency’s interests and ensuring that they are adequately defended before the courts; 
• Managing, reviewing, and monitoring progress of all outstanding litigation; CRVWWDA June, 2023- Job Advertisement pg. 6
• Issuing instructions, liaising with the Agency’s appointed Advocates with a view to ensuring they act in the Agency’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 Agency’s personnel and develop legal accountability structures in relation to enforcement assignments; 
• Establish and manage the Agency’s Register of Codes, Regulations, Rules, Guidelines, By-Laws and Treaties;
• Legal drafting of the Agency’s codes, regulations, rules, guidelines, by-laws and treaties;
• Continuously manage, review and updating of all the Agency’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 Agency’s Alternative Dispute Resolution Mechanism;
• Developing the Agency’s proactive and preventive legal policies and strategies aimed at forestalling disputes, controversies and litigation; 
• Continuously engage and build the capacity of the Agency’s Lessees, Licensees, Partners and other stakeholders on use of the Agency’s ADR Mechanism; 
• Liaising with the National and International ADR Mechanisms and Resources for application to the Agency; 
• Risk management on all the Agency’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 Agency’s Lessees, Licensees, Partners and other stakeholders for consistency in application and compliance; 
• Facilitate Legal Compliance 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 information and documentation is uniformly, accurately and timeously submitted to the Agency; Conduct Legal Due Diligence on all prospective Lessees, Licensees, Partners or other third parties with whom the Agency 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, licenses and other contracts on the Agency’s assets; 
• Developing and vetting policy papers and instruments with legal implications for approval by the Agency; 
• Advising the Agency 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 Agency’s targeted results; 
• Responsibility for the timely release of legal advice to assist the Agency in making an informed decision; 
• Ensuring timely compliance with rules and regulations affecting the Agency, including the Code of Conduct and Ethics;
• Attending to all legal matters of the Agency including advising, vetting and drafting of legal agreements in relation to the Agency’s operations; and 
• Liaising with functional units on queries or legal matters that should arise that relate to the Agency’s affairs.

Person Specifications 
For appointment to this position, an officer must have: 

• A minimum of twelve (12) years in relevant work experience and at least four (5) years in management in the Public or Private Sector;
• Bachelor of Laws degree or equivalent qualifications from a recognized institution; 
• Master’s Degree in any of the following disciplines; Law, 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 of Kenya; 
• Management course lasting not less than Four (4) weeks from a recognized Institution
• Proficiency in computer applications; and
• Show merit and ability as reflected in work performance and results.