Head of Strategic Litigation at Katiba Institute (KI)

About the Position

The Head of Strategic Litigation will work under the supervision of the Executive Director, be a member of the Senior Management Team (SMT), which comprises department heads from the four departments and the Executive Director. The SMT is mandated to ensure effective operation of the organisation. The Head of Strategic Litigation will be responsible for overseeing the smooth functioning of the Public Interest Litigation (PIL) Department. The Department comprises practising advocates, a legal assistant, and usually engages interns/pupils and fellows on a short-term basis. The Head of Strategic Litigation will be one of Katiba Institute’s team of litigators, overseeing the representation of KI and other parties or individuals in Court and/or tribunals both locally and regionally, be responsible for providing legal advice on PIL matters to members of the public, supporting local organisations, communities and community partners through capacity building, and providing technical and other support to civil society partners.

The Head of Strategic Litigation will be expected to commit to Katiba Institute’s values and objectives, comply with KI’s policies, and maintain the confidentiality of KI’s information during and beyond the tenure of their employment contract. This role requires a high degree of flexibility, including domestic and international travel. The successful candidate must be prepared to work outside of standard business hours when urgent matters arise.

Key duties and responsibilities:
Strategic Litigation Leadership

• Manage and coordinate activities of KI’s Public Interest Litigation Department.
• Engage in policy, advocacy and strategic litigation in defence of the Constitution and furtherance of human and peoples’ rights in Kenya.
• In charge of case management, including assigning cases to advocates, monitoring the progress of all cases being undertaken by the Public Interest Litigation Department, and ensuring quantity and quality control regarding the work of the Public Interest Litigation Department.
• In consultation with the Executive Director, identify high-impact cases for litigation and, together with colleagues, ensure that Katiba Institute’s Public Interest Litigation matters are filed and effectively prosecuted before courts, tribunals, and other quasi-judicial forums.
• Identify and pursue high-impact public interest cases aligned with the organisation’s mission.
• Develop litigation strategies that complement advocacy, research, and policy efforts.
• Represent the organisation in courts and tribunals, including drafting pleadings and legal submissions.
• Review ongoing litigation to develop, update, and refine litigation and advocacy strategies.

Planning, Coordination and Supervision

• Prepare and oversee the annual work plan for the Public Interest Litigation Department and consolidate it with KI’s master work plan and budget.
• Exercise full oversight of the department’s annual budget, ensuring strategic allocation of resources and fiscal compliance.
• Represent the Public Interest Litigation Department in monthly finance meetings to review performance, variances, and projections.
• Supervise staff of the Public Interest Litigation Department, including conducting staff performance reviews and any follow-up.
• Synthesise departmental activities and financial health into comprehensive reports for review by the Board of Directors.

Advocacy and Policy Integration

• Regularly report to KI’s management on the progress of matters and assigned duties within the Public Interest Litigation Department.
• Undertake legal research, write submissions, and provide legal opinions on matters handled by KI.
• Provide high-quality legal advice to KI generally and on existing and potential litigation matters.
• Ensure the implementation of KI’s non-litigation-related activities within the Public Interest Litigation Department.
• Provide high-quality legal advice and support to KI’s partners, including marginalised communities.
• Support monitoring, evaluation, and learning within the organisation as advised by the Monitoring and Evaluation Officer or the Executive Director.

Operational Oversight

• Support the communications of the organisation as advised by the Head of Communications and Knowledge Management and the Executive Director.
• Support the full implementation of office policies and action plans developed after audits, reviews, and assessments of office systems.
• Disseminate and communicate PIL strategies and outcomes to the stakeholders and the public to ensure the most significant impact of KI’s Public Interest Litigation work.
• Form and maintain good working relations with all key partners, including communities, constitutional commissions, government entities and donors.
• Identify and support fundraising opportunities under the guidance of the Executive Director and manage grants to ensure timely implementation and reporting.

Qualifications:

Education qualification:

• Bachelor’s degree in law, Diploma in Law from the Kenya School of Law with a current practising certificate; a master’s degree will be an added advantage.
• 9 years of litigation experience, preferably in public interest or human rights law.
• Strong understanding of constitutional, administrative, and international human rights laws.
• Conviction in and commitment to constitutionalism and principles of human rights.

Key skills and competency:

• Proven experience in case load management and supervision of staff.
• Ability to conduct thorough legal research and develop compelling legal arguments.
• Skilled in overseeing the drafting of pleadings, presentation of cases in court, and managing litigation processes.
• Ability to identify impactful cases and develop long-term litigation strategies.
• Experience in using different software in undertaking legal research and writing on a range of different constitutional, human rights and rule of law issues for at least five years.
• Experience in working with communities and civil society organisations in Kenya.
• Regional and International experience is an added advantage.
• Ability to quickly and accurately grasp new and complex concepts.
• Ability to work under pressure and as part of a team.
• Ability to balance priorities and coordinate work effectively to meet deadlines and deal with high workloads.
• Sound judgment and/or temperament to enable interaction with persons from all sectors of society.
• Ability to communicate complex legal issues to communities and members of the public.