Careers at I&M Bank

Job Purpose:

• Reporting to the Asst. General Manager, Dispute Resolution Unit, the purpose of the role is to assist in managing debt recovery cases and court orders served on the Bank and ensure that the Bank's interests are not prejudiced either before court, in public domain or business environment.
• Additionally, the job holder provides support with respect to legal issues affecting the entire Credit Support Unit with a view to mitigate legal risks and prevent adverse consequences to the Bank.
• Offer support in conducting internal and external compliance audits and examinations to ensure compliance.

Key Responsibilities:

• Litigation Management: Lead and oversee all phases of litigation (pre-trial, trial, and post-trial) and dispute resolution, including commercial disputes, employment law, and regulatory matters.
• External Counsel Management: Coordinate with, instruct, and manage external lawyers, ensuring their performance aligns with company strategy and budget.
• Legal Strategy and Advice: Develop and implement comprehensive legal strategies to effectively address and resolve disputes. Provide expert, proactive legal advice and guidance to management and staff on litigation risks and opportunities.
• Document and Evidence Management: Oversee the drafting of pleadings, motions, and briefs. Manage the discovery of evidence and ensure the secure maintenance of legal records and documentation.
• Negotiation and Settlement: Engage in negotiations and alternative dispute resolution (ADR) methods to seek cost-effective solutions and favorable settlements where possible.
• Compliance and Risk Mitigation: Identify and assess legal and regulatory risks, implementing preventive measures to ensure the organization complies with all applicable Kenyan laws, regulations, and industry standards.
• Reporting: Prepare periodic status reports and updates for the Executive Head or Board of Directors on ongoing contentious and potentially contentious matters.
• Provide support to the Credit function on all debt collection related matters, create legal awareness and provide advice on suitable action to avert and/or minimize litigation
• Update database of all debt recovery litigation to ensure the same is consistently up to date and provide reports as may be required. 
• Facilitate action on inward communication from customers, agents and Advocates within the required bank standards and SLA.
• Maintain highest level of confidentiality concerning the sensitive, strategic and integral legal & other information, data, decisions and developments taking place at the company.
• Any other duties that may be assigned from time to time by the Head of Legal & Head of Dispute Resolution Unit.

Key Performance Indicators:

• Litigation Success Rate: The percentage of cases won, dismissed, or settled favorably for the organization.
• Reduction in Legal Exposure/Liability: A measurable decrease in the total financial exposure from pending litigation over a specific period.
• Compliance Score/Audit Results: The outcomes of internal or external legal and regulatory audits, with high scores indicating effective risk management.
• Incidence of Preventable Disputes: A reduction in the number of new disputes arising from areas where prior legal advice was provided and policies implemented.
• Stakeholder Satisfaction (Internal Clients): Feedback scores from internal departments and senior management regarding the quality, responsiveness, and strategic value of legal advice provided.
• Timeliness of Advice/Response Time: The speed at which legal advice is provided to internal stakeholders or responses filed with courts, measured against agreed service level agreements (SLAs).
• Quality of Legal Documentation and Strategy: Qualitative assessment of case strategy, pleadings, and briefs by senior management or external peer review.
• Employee Development/Team Performance: The effectiveness in mentoring and developing the in-house legal team, measured by performance reviews and retention rates.

Key Competencies:

• Strategic thinking and commercial acumen.
• Excellent decision-making and problem-solving abilities.
• Ability to manage multiple priorities and work under pressure.
• High professional and ethical standards.
• Strong interpersonal and stakeholder management skills.
• Good knowledge of the banks internal processes and loan recovery process in Kenya.
• Sufficiently computer literate to prepare and record documents and returns, with the knowledge thereof being an advantage.
• Well-developed communications and interpersonal skills to be able to deal with difficult customers. 
• Apply knowledge of Kenyan Law to counteract statements/implications/misconceptions made by customers in an endeavor to escape their liabilities to the Bank.
• Apply knowledge to Credit Control Procedures and Policies in place to ensure that appropriate steps are taken when dealing with matters.
• Team player.
• Demonstrates trustworthiness and integrity.

Academic Qualifications & Work Experience:

• A Bachelor of Laws (LL.B) degree from a reputable university is required. A Master of Laws (LL.M) is an added advantage.
• Must have completed the Diploma in Law from the Kenya School of Law and be admitted as an Advocate of the High Court of Kenya.
• Must be a member of the Law Society of Kenya (LSK) in good standing and hold a valid practicing certificate.
• Typically requires a minimum of 8-10 years of progressive experience in legal practice, with significant experience in litigation and at least 3-5 years in a management or senior leadership role.
• Strong analytical, negotiation, communication, and leadership skills are essential. 
• Excellent interpersonal, presentation, problem solving, negotiation skills with the ability to positively and clearly communicate with a variety of audiences.
• Possess a high degree of professional ethics & personal integrity.
• The candidate must be hardworking, flexible & service oriented.
• Proficiency in use of computer applications.
• Ability to work with minimum supervision.

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Job Purpose: 

Support the Securities & Documentation function of the Legal Department in creating and verifying the Bank’s security documents to ensure compliance with set parameters, enforceability, and alignment with customer expectations, while supporting the Bank’s overall strategic objectives.

Key Responsibilities:
Securities Perfection/Documentation Responsibilities: 

• Issue Security perfection instructions to external Advocates in accordance with terms of facility letters.
• Review all security documents prepared by external Advocates prior to execution to ensure that terms and covenants of the security documents are comprehensive and enforceable and that the amounts secured, description of properties and assets being charged are accurate.
• Ensure Advocates procure pre-registration searches from the Companies Registry, Lands
• Registry and the Moveable Property Security Rights (MPSR) Collateral Registry and review them to ensure (i) there are no prior/existing security rights in favour of 3rd parties and advise Business where such prior rights are revealed (ii) In case of corporate borrowers or guarantors, the signatories to the securities are legitimate.
• Attend to the execution of Bank securities by Bank Attorneys or Directors and attest to the execution prior to releasing documents to Advocates for registration.
• Continuously engage with external Lawyers on security documentation process to ensure that security documents and other conditions have been perfected/ completed within the agreed TAT.
• Review registered security documents upon receipt from Advocates to confirm completeness of the registration including payment of stamp duty, payment of rates and rent where applicable, priority of Bank security is observed etc;
• Undertake registration of MPSR Notices at the Collateral registry for all externally perfected securities and for jointly registered Motor vehicles and take such other actions as required under the MPSR Act.
• Safe keeping of security documents by scanning them all into respective customer folders and lodgement of the physical documents with the security custodians as well as uploading copies into DMS.
• Maintain up-to date reports on the status of all security documentation being prepared and/or registered by the Bank’s external advocates.
• Update the business teams on the status of security documentation and advise of any factors delaying the progress and completion of the perfection and propose strategies to unlock delayed security perfection process.
• Draft and guide on execution of internal security documents that do not require external Advocates action eg the Informal Charges & Security Agreements.
• Continuously monitor changes in Laws and case Law to ensure that the Bank’s security documents are up to date and comply with those changes and advise Business units on changes and how to manage any risks posed.
• Assist the business teams in formulating optimal security structures against possible facilities and/or customer requests.
• Advise the Business of any gaps or errors in facility letters when read against approval terms, customer constitution documents, title documents or description of other assets and recommend and if required, assist with drafting of appropriate revised clauses.

Pre-disbursement Review & Sign Off: 

• Ensure the following are adhered to and undertaken within the required time frame:
• Approve pre-disbursement checklists in respect to Business Banking Segment and issue the same to Credit Administration department for purposes of disbursement of facilities upon confirmation that all collateral and non-collateral requirements as per the Credit approvals have been fully complied with and Bank’s interest fully protected;
• Ensure that all exceptions and and/or deferrals provided to allow disbursement are approved in accordance with the Bank’s credit approval authority matrix.
• Ensure that internal SLAs are adhered to in the handling of pre-disbursement requests. 

Undertakings: 

• Negotiate and review terms of Bank-to-Bank undertakings from other financiers to ensure the terms can be fully complied with and the Bank’s interest is protected and follow up to ensure compliance with the terms to avoid exposing the Bank to legal suit, reputation risk and financial loss.
• Negotiate and Review terms of Bank-to-Bank undertakings required from the Bank where the Bank is taking over customer facilities from other financiers or where the Bank is financing the purchase of property/other assets, to ensure that undertakings issued by the Bank are within the approved terms and are enforceable.
• Negotiate and review terms of Professional undertakings required from external Advocates for the handling of Bank security Documents where temporary release of the documents is requested e.g. for change of user, registration of short term leases, conversions of title etc and follow up to ensure compliance with the terms of the undertakings. 

Reports: 

Assist in the preparation of the reports relating to facilities disbursed pending security perfection to be submitted to CRMC, BCC and any Prepare and maintain a report pertaining to security documents temporarily released for various reasons (e.g. creation of tenant leases, extension of lease, amalgamation, sub-division, change of user, conversion of Titles, sharing of securities etc).
Legal Advice:

• Offer day-to-day legal and technical advice to Business and Credit teams before, during and after appraisal of Credit facilities on structuring of credit facilities and securities to ensure cost effective and legally enforceable securities.
• Advise the Bank on its rights and remedies under any legal documentation, particularly but not limited to security documents.
• Monitoring changes in Laws and case Law to ensure that the Bank’s security documents are up to date and comply with those changes and advise Business units on the changes and how to manage any risks posed.

Other Duties:

• Supervise and co-ordinate the review of any other security documentation that the Bank may enter into with third parties.
• Advise the Bank on its rights and remedies under any legal documentation.

Key Performance Indicators:

• Turnaround time for perfection of securities within the set SLAs.
• High quality of the security documents that are enforceable and can stand the test of court.
• Accurate reporting of all outstanding securities.
• Submission of the pre-disbursement checklists within the period set in internal SLAs.

Academic Qualifications & Work Experience:

• Bachelor of Laws (LLB) degree from a recognized university.
• Diploma in Law (KSL) and Admission as an Advocate with a current practicing Certificate.
• Minimum Seven (7) years’ experience in legal practice of which three years should have been in a Financial Institution.
• Must demonstrate managerial and administrative skills backed by leadership qualities.
• Possess a high degree of professional ethics & personal integrity.
• Must possess strong communication skills, be flexible & service oriented.
• Ability to think critically and strategically.
• Ability to work with minimum supervision.