Director, Legal Services/Corporation Secretary at Moi Teaching & Referral Hospital

JOB GRADE, MTRH 3

REF: MTRH/HR/01/01/2021

Job Purpose:
An officer at this level will be responsible to the Chief Executive Officer for planning, organizing, coordinating and administration of all Legal Affairs of the Hospital and also serve as the Corporation Secretary.
Director, Legal Services /Cooperation Secretary leads and directs the legal portfolio and establishes robust legal governance frameworks across the Hospital to ensure that the institution’s strategic priorities are achieved and are supported by appropriate legal, policy, regulatory and compliance advise and structures, and that risk is effectively minimized.

Responsibilities:

Director, Legal Services /Corporation Secretary responsibilities include;

• Provide legal counsel and legal litigation services through the development and implementation of legal policy and governance frameworks, and the best mix of internal and external legal services to the Hospital to provide the highest quality legal advice;
• Develop and implement legal policy, regulatory and compliance, and litigation management frameworks to minimize and manage risks, ensure compliance and facilitate reporting requirements;
• Provide innovative, practical and contemporary legal leadership and expertise to resolve significant and complex legal issues on behalf of the Hospital;
• Contribute to strategic planning processes at the Hospital to ensure that plans are informed by high quality legal policy, regulatory and compliance advise to identify, minimize and manage legal risks;
• Direct the research, analysis, interpretation and delivery of high quality strategic and operational legal policy, regulatory and compliance advise and support services;
• Resolve complex and sometimes unchartered legal issues to enable the execution of policy, program and service delivery strategies;
• Anticipate and keep informed of Government direction and the implications for legislation and for Hospital activities to develop and respond to legislation and generate innovative solutions to legal matters which lack precedence;
• Managing the volume and mix of legal, compliance and regulatory demands with the requirement to develop immediate responses to changes in Government priorities
• and anticipate and plan for future requirements while protecting the Hospital reputation;
• Formulating policy and giving guidance on corporate legal matters;
• Conduct investigations of alleged employee misconduct as assigned;
• Coordinate appointments, schedules and interviews for investigations;
• Conduct interviews with the affected parties for the purpose of gathering information regarding alleged incidents;
• Prepares written documentation of investigatory findings and make recommendations to CEO;
• Maintain a variety of complex and confidential files and records (e.g., investigations,case files, legal documents etc.);
• Prepare a wide variety of written materials (e.g. Hospital reports, legal documents, correspondence, etc.) for the purpose of documenting activities, providing written reference and/or conveying information in accordance with the Hospital requirements;
• Ensuring compliance with regional and international instruments;
• Coordinating stakeholders consultations fora;
• Ensuring compliance with principles and values of good corporate governance;
• Providing leadership and ensure efficient and effective resources in the department;
• Reviewing and providing advise on legal risks;
• Providing legal advice on tender documents;
• Reviewing ongoing cases and advise Management accordingly;
• Providing and interpreting legal information;
• Conducting training and disseminate appropriate legal requirements to staff;
• Participating in policy development and Implementation for the Hospital;
• Reviewing and advise Management on legal implications of internal policies and procedures and doubles up as a Company Secretary;
• Reviewing and draft contracts agreements, internal policies and ensure that they are in compliance with all Statutory and Regulatory requirements;
• Managing litigation and review progress of outstanding litigations, liaising and managing external lawyers for the Hospital;
• Managing and administering the corporate legal documentation and procedures;
• Coordinating external legal mandates to investigate and resolve potential legal issues with regard to financial instruments issued by donors;
• Developing the Hospital's copyright and related policies;
• Developing and ensuring compliance with the Hospital's collaboration and partnership policy framework and strategy;
• Participating in the formulation of the Board's annual plans, programs, projects and budgets;
• Capacity development and Performance management; and
• Managing quality standards and procedures
• Acting as adviser to the Board; on good practice in corporate governance, e.g. giving guidance on the legal implications of the way it discharges its duties, runs meetings, and makes decisions
• Liaising with Auditors, Lawyers, Tax advisers, Bankers and shareholders on Board Governance issues;
• Ensuring compliance obligations under relevant laws and requirements of regulatory authorities are met;
• Managing board processes — board and committee papers and circulation of agendas, minutes, discussion papers, proposals for the board and its committees
• Promoting the compliance framework to safeguard the integrity of the organization;

STRATEGIC KEY ROLES

• Provide guidance to the Board on their duties and responsibilities on matters of corporate governance;
• Assist the Board in carrying out induction, Board Evaluation, Governance and Legal Audit of the Organization;
• Ensure timely preparation and circulation of Board and Committee papers;
• Be the custodian of the Hospital Seal;
• Ensure annual returns are promptly filed with relevant authorities.

Minimum Requirements

For appointment to this grade, a candidate must have: -

• Served in senior relevant position in the Public or Private for a minimum period of ten (10) years, five (5) of which must have been as a Judge of the High Court or Advocate of the High Court or assistant Corporate Secretary.
• Master's degree in law or any other relevant and equivalent qualifications from recognized institution.
• Bachelors of Law (LLB) degree from a recognized institution.
• Postgraduate diploma in law from Kenya School of Law.
• Membership to the Law Society of Kenya (LSK) and the Institute of Certified Public Secretaries of Kenya (CPS-K) in good standing.
• Must have been admitted to the bar as an advocate of the High Court of Kenya and Commissioner of Oaths.
• Certificate in Strategic Leadership Development Programme lasting not less than six (6) weeks from a recognized institution.
• Must be ISO trained.
• Must be a trained mediator
• Ability to read and interpret documents such as legal documents, bargaining unit contracts, governmental regulations and procedure manuals.
• Working knowledge of corporate and securities law.
• Certificate in computer application skills from a recognized institution.

Competencies

• Resource management skills.
• Managing performance and driving for outcomes.
• Establishing strategic directions.
• Visionary/Leading change.
• Policy development.
• Influencing persuasion and negotiation. vii. Effective communication skills.
• Policy and strategic implementation. ix. Delivery of quality results.
• Risk management.
• Decision-making and problem solving skills

In addition, all applicants MUST attach the following valid documents;

• Kenya Revenue Authority (KRA) Compliance Certificate
• Higher Education Loan Board (HELB) Certificate
• Police Clearance Certificate.
• CRB — Credit Reference Bureau Certificate
• Ethics & Anti-Corruption Commission (EACC) Clearance

SALARY ATTACHED TO SCALE:

MTRH 3: Ksh 193,368 x 14,284 — 208,157 x 14,788 — 222,948 x 15,292— 238,240 x     15,796 — 254,036 x 16,302 — 270,338 x 16,805 -287,143x 17,307 — 3041450x17,813 — 22,263x17,813 — 340,076x18,317 358,393x19,325 — 378,725. Max.