Kenya Shipyards Limited
Legal Services
Mombasa Full Time
Government KSh Confidential
Job Summary
To provide timely and professional legal advice to the Company on all legal issues that arise in the conduct of the Company’s business.
Minimum Qualification:Bachelor
Experience Level:Senior level
Experience Length:10 years
Job Description/Requirements
Kenya Shipyards Limited (KSL) is a State Corporation incorporated under the Companies Act, Act No. 17 of 2015, and is fully owned by the Government of Kenya through the National Treasury.
The mandate of the KSL is to lead and catalyze the development of shipbuilding industry in Eastern Africa with a focus on meeting the local demand of maritime assets and services from the Kenya Navy, Ministries, Departments & Agencies and other private domestic and regional clients.
The Board of Directors is inviting applications from qualified and experienced professionals to fill the following position(s):
KSL/HR/201/LEG/28: MANAGER, LEGAL SERVICES – KSL GRADE 3 (1 POSITION) CONSOLIDATED SALARY KSHS 274,473.00 – 395,633.00
This is a five (5) year contract renewable subject to satisfactory performance and retirement age.
Job Title:
MANAGER, LEGAL SERVICES
Grade:
KSL 3
Ministry /Corporation:
KENYA SHIPYARDS LIMITED
Directorate:
N/A
Department:
COMPANY SECRETARY AND LEGAL SERVICES
Division:
N/A
Section / Unit:
N/A
Location / Workstation:
MOMBASA
Reporting Relationships
Reports to:
GENERAL MANAGER COMPANY SECRETARY AND LEGAL SERVICES
Direct reports:
N/A
Indirect reports:
N/A
Job Purpose:
To provide timely and professional legal advice to the Company on all legal issues that arise in the conduct of the Company’s business. In addition, the legal officers ensure legal representation in all disputes instituted by or against the Company and that the Company’s best interests are protected by managing regulatory, contractual obligations and legal risks
Key Responsibilities / Duties / Tasks:
Managerial / Supervisory Responsibilities:
Litigation and Disputes Division
a) Oversees the development and review of Litigation & Disputes policies and procedures for effective implementation of Corporate Strategic plans.
b) Preparation of Board/Executive Management Committee Memos for management decisions.
c) Interprets and disseminates organizational policies, procedures, circulars and advisories to the departmental staff.
d) Directs human resource requirements of the department in line with the corporate strategy and provisions of international conventions and national legislation to enhance provision of quality Services in the Litigation & Disputes Department.
e) Coordinate financial & system audits, responds to audit queries and implements the auditor’s recommendations for the department.
f) Directs appropriate internal communication and improved customer care within the department to maintain industrial harmony and customer satisfaction.
g) Oversee prudent management and utilization of resources within the Department.
h) Collaborates with internal and external stakeholders for optimum operation of the Litigation & Disputes Department.
i) Oversees implementation of Company’s emergency and response contingency plans.
j) Coordinates implementation of strategic initiatives to improve service delivery by the Litigation & Disputes department.
k) Monitors, evaluates and reports on performance of tasks and responsibilities in the department, in consultation with the General Manager Board and Legal Services.
l) Coordinates efficient and competent handling of all legal disputes instituted by and against the Company.
m) Coordinates the formulation of annual budget adequate to sustain the needs of the Department in line with prudent financial management practices.
n) Monitors entire departmental expenditure in line with existing budget.
o) Strategic Planning of Departmental tasks.
p) Oversees implementation of ISO standards and procedures within the department.
Contracts and Conveyancing Division
a) Review board/Executive Management Committee memos for management decisions relating to land use and contractual responsibilities of the Company.
b) Interprets and disseminates organizational policies, procedures, circulars and advisories to departmental Staff in contracts & conveyancing.
c) Coordinate departmental audits, responds to queries and implements the Auditor’s recommendations.
d) Oversee optimal management and utilization of resources within the Department.
e) Collaborate with internal and external stakeholders for efficient delivery of services.
f) Guide identification and development of the functional Risk Matrix, mitigation measures and initiate internal control mechanisms in the contract & conveyancing department.
g) Nurturing and promoting a conducive working environment, organizational culture, performance management and staff development through coaching and mentoring to optimize individual and organizational/team potential.
h) Develop, Monitor and control departmental budget in line with the provisions of Public Finance Management Act (PFMA) and KSL ’s Financial Management guidelines.
i) Directs on compliance to Public Procurement & Asset disposal Act 2015 and Public Procurement & Asset disposal Regulations 2020 within the department.
j) Facilitate Safety and Health initiatives in the Department in line with the provisions OSHA and other safety provisions International Safety Management System.
k) Chairs, monitors and evaluates resolutions of monthly departmental meetings, works committee, corruption prevention committee and safety committee meetings.
l) Managing and supervising staff reporting directly and indirectly to the office of the Head of Contracts & Conveyancing.
m) Ensuring that the Company’s land asset portfolio is well managed, rentals are paid as and when they fall due, rent is reviewed timeously, terms and conditions of leases and other goal instruments are observed.
n) Supervises competent drafting of all contracts, conveyancing documents, licenses, leases, wayleaves, service level agreements and memoranda of understanding signed by the Company.
o) Advising and monitoring on optimal use of the Company’s land leased out.
p) Formulates the procurement plan of the department in line with the needs of the department and in consultation with the General Manager Board and Legal Services.
q) Oversees Lands Registry follow up on matters touching on title deeds and registration of various interests on land of the Company with follow up on payments of land rent, rates and any other payments pertaining to the Company’s land.
r) Oversees provision of legal opinions sought by management and other departments within the Company regarding contracts and conveyancing.
s) Oversees work plans and allocates tasks to staff within the department.
t) Directs on all the Company’s conveyancing matters such as issuance of wayleaves, licenses, review of charges and debentures.
u) Works closely with the Procurement & Supplies Department in preparation of all contracts after the conclusion of tender processes.
v) Directs on drafting, review and execution of all local and international memoranda of understanding, local and international commercial contracts, and other legal instruments executed by the Company.
Operational Responsibilities / Tasks:
Board Secretariat, Regulatory Compliance and Governance:
a) Oversees the operation of the Company’s archives and museum ensuring safe record keeping of Company’s information in line with statutory requirements.
b) Ensure timely preparation and circulation of Board and Committee notices and papers.
c) Assists the Corporation Secretary to arrange and attend Board meetings, prepare minutes and ensure timely circulation of Board resolutions.
d) Retrieval of minutes/board resolutions when required.
e) Keep trail of implementation status of Board resolutions.
f) Co-ordinates Governance and legal compliance audits.
g) Co-ordinates compliance with applicable professional, legal, regulatory, ethical, corporate compliance and governance requirements to protect the Company against reputational and legal risks.
h) Monitors the legal environment for proposed changes to legislation that have an impact on the Company and prepares recommendation and feedback to relevant departments. Job Dimensions:
Financial Responsibility/Impact:
a) Development and implementation of legal department annual budget.
b) Approving expenditure on departmental budget.
c) Approving insurance compensations for staff and Board Members and for assets.
d) Participating in Monitoring implementation of Institutional budget through membership in the Budget Implementation Committee.
e) Ensuring alignment of the departmental budget to strategic plan and priority areas.
Responsibility for physical assets around the area of work:
a) Coordinating insurance of all physical assets of the Institution valued.
b) Coordinating insurance compensation in the event that the insured assets are lost or accidentally destroyed by fire or other perils.
c) Responsible for all the physical assets assigned to the job holder.
Problem Solving:
a) The job holder will be required to solve the following type of problems:
b) Complex and open ended legal and policy problems in the Company and its external operations.
c) Broad and complex problems involving more than one area of the Government. Solutions will often be arrived at through the stakeholder involvement, involve significant legal risk and require Board approval.
d) Strategic problems affecting more than one area of the Government.
e) Consultations will be required. Solutions will involve significant strategic and legal risk, and be decided by the Board.
Communication:
The job holder will need to understand the following information to discharge his/her mandate.
a) Detailed verbal instructions or requests from stakeholders on matters of shipbuilding;
b) Participating in the development of Laws, regulations and internal policy documents as well as external policies that affect the operations of the Company.
c) In depth legal reports, proposals or briefs affecting the Shipbuilding industry.
d) Reports and briefs on legal proceedings that involve the Company.
Decision Making/ Job Influence:
Makes strategic decisions on:
a) Legal matters that have impact internally and externally.
b) Terms and conditions of the loan (loaning conditions).
c) Usage of Corporate Seal.
d) Amendment of governing legal and other relevant frameworks.
e) Contractual obligations on review of terms and termination and termination of contracts.
f) Terms of engagement of external lawyers.
g) Termination/withdrawal of cases from Court.
Makes operational decisions on:
a) Litigation and prosecution (instituting and defending cases in court).
b) Invoking ADR mechanism for dispute resolution.
c) Discharge of instruments such as title deeds and logbooks (Discharge of securities/collateral).
d) Provides governance and legal advisory to the Board and Management.
e) Assigning, monitoring and evaluating departmental performance targets. Working Conditions:
a) Works in an office environment with long hours of sitting.
b) Duties involve occasional travel.
c) Duties require working extra hours every day and sometimes during weekends.
Job Competencies (Knowledge, Experience and Attributes / Skills):
Academic Qualifications:
a) Masters of Law (LL.M) degree or equivalent qualification from a recognized institution.
b) Bachelor of Law (LL. B) degree or equivalent qualification from a recognized institution combined with the required work experience may be accepted in lieu of the Master’s degree.
c) Post graduate diploma from Kenya School of Law or its equivalent.
Professional Qualifications / Membership to professional bodies:
a) Admission as an Advocate of the High Court of Kenya.
b) Valid Practicing Certificate.
c) A member in good standing of the Law Society of Kenya (LSK).
d) Certified Secretary.
e) A member in good standing of the Institute of Certified Secretaries (ICS).
f) Relevant management program lasting not less than four (4) weeks from a recognized institution.
Previous relevant work experience required:
a) At least Ten (10) years relevant work experience in Public Service or Private Sector, three (3) of which should be in a management position.
b) Work experience in providing timely and professional legal advice to management, legal presentation and management of contractual obligations is desirable.
Interested candidates who meet the requirements MUST download the employment form, fill accessed via the following link:https://kenyashipyards.co.ke/wp-content/uploads/2022/10/KSL-Employment-Form.docx and send their application together with detailed C.V, copies of relevant academic and professional testimonials (in pdf) to: – HR@kenyashipyards.co.ke. Applications may also be posted to the Managing Director Kenya Shipyards Limited P.O Box 95350 -80104 Mombasa or hand delivered to Ground Floor, Herufi House, Treasury Building, Nairobi Kenya. The applications should reach the Company before close of Business on Tuesday 25th October, 2022. Upon offer of employment the successful candidates must satisfy the requirements of Chapter Six of the Constitution of Kenya by providing copies of;
• A valid Tax Compliance Certificate from the Kenya Revenue Authority (KRA)
• A valid Certificate of Good Conduct from the Directorate of Criminal Investigations (DCI)
• A valid Clearance Certificate from the Higher Education Loans Board (HELB)
• A valid Clearance Certificate from an Approved Credit Reference Bureau (CRB)
• A valid Clearance form from the Ethics and Anti-Corruption Commission (EACC)
Kenya Shipyards Limited is an Equal Opportunity Employer, thus women, persons with disability and marginalized groups are encouraged to apply.
Any form of direct or indirect canvassing will lead to automatic disqualification of the applicant. Only shortlisted candidates will be contacted.