Senior Legal Counsel at Simba Corp

Purpose:

• To provide consistent and reliable legal services to the Organization by ensuring compliance with statutory requirements as well as principals and other stakeholder requirements, with due regard to risk management. The role is responsible for providing and innovative solutions on compliance, communication and training and drafting, review and proper execution of contracts running with various legal projects that may arise from time to time and continuously managing external relationships, as they relate to the role.

Key Responsibilities

Compliance Management

• Review of all relevant statutory laws and regulations applicable to the Company and ensure compliance in line with best practice.
• Ensure that business activities are conducted in conformity with all applicable laws, regulations, internal policies and procedures.
• Ensure that all regulatory permits, licenses and approvals remain current and appropriate for business needs.
• Continual compliance risk assessment of company practices and ensure update of internal policies and procedures, compliance training and protocols, as required.
• Keep abreast of regulatory developments and industry initiatives with regular reports and recommendations on initiatives to Chief Legal and People Officer.
• Provide reporting with respect to regulatory requirements and developments.
• Develop compliance checklists and prepare compliance reports, as and when due.
• Inform the Internal Audit unit of any findings as regards non-compliance that may require investigation.
• Participate in Business Process Re-engineering exercises to ensure adequate controls therein.
• Carry out review of contracts and legal documents to ensure applicable regulatory laws are incorporated.
• Preparation of compliance documentation with relevant constitutive documents for statutory, legal, regulatory purposes.

Advisory

• Provide accurate and timely legal advice and guidance on various matters affecting the Company relating to amongst others, obligations, rights, risks, labour and employment, regulatory developments in order to limit legal exposure for the Organization.
• Review and where necessary prepare corporate procedures, policies and programs.
• Prepare communication and conduct training for company staff to ensure understanding, uptake and compliance of the procedures, policies and programs.
• Monitor implementation of procedures, policies and programs.

Data Protection

• Advise the company on data protection regulations and requirements.
• Work with Business and key stakeholders in developing implementing and maintaining data protection policies and procedures and ensure compliance.
• Work with stakeholders to ensure that the Organisation processes personal data of its staff, customers, suppliers and providers in compliance with applicable laws and regulations.
• Development and implementation data management plans.
• Develop and implement a continuous training program for key stakeholders on data compliance.
• Oversee the maintenance of records required to demonstrate data protection compliance.
• Supporting data incident response and data breach notification procedures.
• Provide updates to business on Data Protection Compliance Program.

Contracts, Leases and Other Legal Documents Management

• Negotiation, drafting, review and execution of legal documents (contracts, non- disclosure agreements, MoUs, term papers, leases, licences etc).
• Ensure all legal agreements and contracts entered by the Organisation are legally sound and minimise risks and other exposure.
• Report to Chief Legal and People Officer on contract status, legal risks and business terms of various deals.
• Maintain a record of all contracts and develop a compliance matrix for the agreements.
• Lead discussions on renewal and/or variation of terms, implementation in liaison with end users
• Liaise with external counsel to ensure engrossment, execution and registration of all leases and licences.
• End to end management of legal documents including execution, dating, sign off and ensuring safe custody.
• Maintain, monitor and update the index of all legal documents and files to ensure integrity of legal files, contracts and records management and archiving system.

Company Matters

• Work with Chief Legal and People Officer in the preparation of board and shareholder meeting papers and/or packs, as required.
• Effect approved transfer of shares and changes to board and shareholding for subsidiary companies
• Ensure annual returns as well as other returns for all Group companies.
• Manage documentation and filings of all board and shareholding related documents including minutes and resolutions.
• Maintain and ensure continuous update of the index of legal documents related to subsidiaries, their shareholding and directorships i.e., complete and accurate information and documentation, complete hard copy files and on-line back up with regular reports to Chief Legal and People Officer.
• Registration of IPR- Trademarks, trade names, logos and other IP.
• Maintain an index of the Group’s IPR documentation and files with regular reports to the Chief Legal and People Officer.

Litigation

• Work with Chief Legal and People Officer in managing litigation matters including demands and claims served on and received by the Company.
• In consultation with relevant departments, prepare detailed briefs and instructions to external counsel.
• Preparation of detailed instructions to external counsel with required statements and documentation within set timelines.
• Review pleadings and witness statements and ensure filing within the statutory timelines.
• Prepare and maintain litigation files and records.
• Negotiation and settlement of legal fees as per the Remuneration Order and within budgetary allocations.
• Maintain a calendar of strategy meetings with external counsel on all pending matters with a record of minutes and agreed actions with continuous monitoring.
• Maintain an updated schedule of all litigation matters with monthly status report to Chief Legal and People Officer.
• Maintain a diary of all litigation and liaise with external counsel in getting the updates, ensure pre-trial briefings and ensuring court attendance by witnesses.
• Maintain and update litigation status report for all litigation involving the business.
• Respond to queries and issues raised by internal users and external counsel on litigation.
• Close day to day issues related to claims and demands as they arise.

Stakeholder Management

• Establish working contacts with legal service providers, regulatory and governmental bodies such as Business Registration Service, Lands Ministry, Competition Authority, Communication Authority, County Governments, NTSA, Kenya Police Service.
• Manage external relationships and legal partners as they relate to the role.
• Ensure service levels agreed with internal customers are met and maintained.
• Continuously monitor and review agreed service levels with external counsel with monthly reports to Chief Legal and People Officer with recommendations on improvements.

Legal Projects

• Lead in execution of various legal department projects including providing sound legal advice, records management and reporting.

Required Qualifications and Experience

Academic Qualifications

• Bachelor of laws, LLB from a recognized University.
• Diploma from the Kenya school of Law.

Professional Qualifications

• Advocate of the High Court of Kenya.
• Current practicing certificate.

Experience

• 5 – 6 years’ experience in a busy legal environment.

Skills

• Excellent and effective communications skills, both orally and in writing.
• Results oriented individual able to work under pressure and meet deadlines.
• Excellent analytical skills.
• Self-motivated individual able to operate in a performance driven environment with minimum supervision.
• Excellent interpersonal skills.