Legal Officer (2 Posts) at Kenya Development Corporation

Job Description

• This will be an operational grade for advocates with practical litigation and commercial legal experience. An officer at this level will be expected to independently handle routine litigation, dispute resolution and commercial legal assignments while escalating complex or high-risk matters as appropriate.

Duties and Responsibilities

Duties and responsibilities at this level will entail:-

• Conducting legal analysis of disputes involving the Corporation and advise on appropriate legal interventions and litigation strategies;
• Independently prepare, review, file and serve pleadings, witness statements, affidavits, submissions, legal opinions and other court documents;
• Representing the Corporation before courts, tribunals, quasi-judicial bodies and alternative dispute resolution forums where authorized.
• Managing routine litigation matters in-house, including developing case strategies, preparing witnesses, complying with procedural requirements and ensuring that matters are prosecuted or defended expeditiously.
• Coordinating and monitoring litigation handled by external advocates, including reviewing legal strategies, monitoring performance against agreed service levels and verifying legal fees and disbursements;
• Attending court proceedings and monitor the progress of cases to ensure timely prosecution and defence of matters, compliance with court directions and adherence to statutory timelines;
• Advising on the enforcement and realization of securities including legal charges, mortgages, debentures, guarantees, liens, assignments and other collateral in accordance with applicable law;
• Preparing, reviewing and issuing statutory notices relating to debt recovery, realization of securities and other legal enforcement processes;
• Advising on insolvency, bankruptcy, receivership, liquidation and restructuring proceedings involving the Corporation's borrowers, debtors or counterparties;
• Assisting in preparing and interpreting legal opinions on litigation, recovery, commercial transactions and operational matters affecting the Corporation;
• Drafting, reviewing and negotiating routine commercial agreements contracts, security documents, memoranda of understanding and other legal instruments;
• Assisting in advising on commercial transactions, project financing, lending arrangements, recoveries and legal risks associated with the Corporation's financing activities;
• Conducting legal due diligence and support enforcement and recovery initiatives arising from the Corporation's lending and investment portfolio;
• Conducting legal research, analyse judicial decisions and monitor legislative and regulatory developments relevant to the Corporation's operations;
•  Maintaining an up-to-date repository of litigation records, legal precedents, court orders and legal opinions and ensure proper management of the Directorate's records;
• Assisting in the preparation of litigation status reports, legal risk reports, contingent liability reports, recovery reports and periodic Directorate reports for Management and the Board;
• Monitoring compliance with court orders, consent judgments, arbitral awards and settlement agreements involving the Corporation;
• Participating in negotiations, mediation and other alternative dispute resolution processes aimed at expeditious resolution of disputes;
• Identifying legal risks arising from litigation and recommend appropriate mitigation measures to safeguard the Corporation's interests;
• Assisting in developing, reviewing and implementing legal policies, procedures, manuals and standard operating procedures;
• Liaising with regulators, government agencies, law enforcement agencies and other stakeholders on matters affecting the Corporation's legal interests;
• Supervising, mentor and provide technical guidance to Legal Clerks, interns and other officers assigned to the Directorate;
• Collaborating with internal departments to ensure legal compliance, facilitate recovery initiatives and provide practical and timely legal support on operational matters;
• Any other duties and responsibilities as assigned from time to time.

Person Specifications

• A Bachelor's Degree in Laws (LL.B) from a recognized institution;
• A Postgraduate Diploma in Law from the Kenya School of Law;
• Be admitted as an Advocate of the High Court of Kenya;
• Hold a valid practising certificate;
• Be a member in good standing of the Law Society of Kenya;
• Have at least three (3) years’ post-admission experience in active litigation gained in a busy law firm or a financial institution, with demonstrable experience in commercial litigation, debt recovery, securities enforcement or banking and finance law;
• Demonstrate practical experience in independently preparing pleadings and court documents, attending court and managing litigation files;
• Demonstrate experience in drafting and reviewing routine commercial agreements and other legal instruments;
• Demonstrate agility in responding to urgent litigation, recovery, contractual and operational assignments within prescribed timelines;
• Proficiency in computer applications;
•  Fulfil the requirements of Chapter Six of the Constitution of Kenya.