• Job Type: Full Time
  • Experience: 5 years and above.
  • Location: Optiven Head Quarters.
  • Department: Legal
  • Job Field: Law
  • Reporting to: Company CEO & Company Directors.

Job Purpose

The Legal Counsel will work closely with the Company Directors with the main responsibility being to manage the Legal Risks that the organization would face and ensure that they are resolved as required by the law.

The Legal Counsel serves as legal advisor to the Company as required from time to time and specifically serves as a resource on legal matters, issues of institutional procedure and corporate governance.

The main responsibilities of the Legal Counsel are, but are not limited to the following: –

  • Assessing and managing all legal obligations and responsibilities of the Company to ensure that at all times the business of the company is conducted within the law;
  • Checking on the various aspects of the operations of the company and advising on the legality of such actions and ensuring compliance;
  • Providing legal representation, advice, counsel, and opinions in all areas of law affecting the Company, including compliance and legal regulatory issues;
  • Keeping a follow up on all the cases in which the Company is a party to ensure quick and optimal resolution for the company;
  • Supervising and guiding the external lawyers and firms representing the company;
  • Advising the Company, its management and other employees in the course of their work for the company;
  • Bringing legal issues and concerns to the attention of senior administration and assisting in developing policies to ensure compliance with the law;
  • Undertaking legal review and advise the company upon important legal documents, agreements, policies and procedures;
  • Providing updates to the company’s management on the legislation that affects the company’s business and operations;
  • Conducting legal training to the Company’s employees on the respective legal requirements for their roles in the Company and acting as a resource on the interpretation of existing or proposed laws and regulations;
  • Providing legal advice regarding all legal matters involving regulators, complainants or other parties;
  • At times providing company secretarial services to the company.
  • Performing other projects and duties at the request of the Company’s management as assigned

Principal Accountabilities

  • Legal Advice.
    • Ensuring that all statutory and regulatory requirements are properly complied with.
    • Updating management on all changes occurring in the Law from time to time that affect the operations of the company.
    • Offering legal guidance while strategic decisions for the betterment and growth of the company like acquisitions, disposals, joint collaborations etc. are made.
    • Legal research, analysis and preparation of legal opinions on all matters arising.
    • Ensuring that the Memo and Articles of Association of the company are properly complied with.
  • Contracts.
    • Actual generation and drafting of clauses in agreements in line with the needs and requirements of the company.
    • Keeping a log of all contracts and preserving all contracts.
    • Ensuring that the company’s interests are protected in contracting.
    • Ensuring that the contracts/agreements are acceptable and not entirely one sided by negotiating clauses.
    • Checking and ensuring that important clauses in all contracts have been included for example, contract price, payment method, delivery date, consequences for breach, dispute resolution, termination clauses, anti-bribery and corruption, general business principles, etc.
    • Preparing addendums amending, correcting or extending validity of contracts.
    • Attendance of contract negotiation meetings.
    • Approval of contracts for signature. Basically, ensuring that they are within negotiated terms, the law, that due diligence has been conducted etc.
    • Scrutiny of all securities provided by Buyers to the company to secure credit such as bank guarantees.
  • Property Matters.
    • Ensuring safe storage of title documents by land clerk and legal administrator.
    • Streamlining ownership of properties through acquisition of titles, registration of transfers, etc.
    • Assistance in the drafting of letters of offer in the acquisition of leases.
    • Instructing lawyers to draft agreements, leases, charges, discharge of charges among other documents in property matters.
    • Conduct of due diligence through official searches on the properties the company intends to lease/purchase.
    • Perusal and confirmation of the terms of the conveyancing documents prepared by external lawyers.
    • Monitoring payment of rates through the external lawyers, notifying the relevant offices within the company for payment.
    • In disposal of properties, advise to the company on the process, legal requirements and documentation.
  • Dispute Resolution/Cases.
    • Receiving and acting upon all court summons, pleadings and demand letters served upon the company.
    • Keeping a diary of all cases that are in court and when they are coming up for hearing.
    • Instructing and ensuring that the company is represented in court by competent advocates.
    • Ensuring that all documentary and other evidence is well preserved and stored, all files are in place and well updated and coordinating the entire litigation process.
    • Making monthly litigation reports to the group Directors on the progress of the matters.
    • Approval of court pleadings before they are filed in court.
    • Preparation of witnesses for hearing- pretrial briefing with the lawyers.
    • Accompanying of witnesses to court.
    • Attending strategy meetings.
    • Follow up with lawyers on the progress of court matters and pushing them to take certain actions.
    • Instructing lawyers to institute cases on behalf of the company.
  • Personnel Matters.
    • Advise to the Company on labour and employment issues.
    • Work closely with HR unit to advise to the company on staff disciplinary matters.
    • Advise to the Human Resource Manager on compliance with the current Employment Act 2007, Work Injury Benefits Act, and Retirement Benefits Act among other laws that may touch on employment.
    • Advise to the Company on the interpretation, implementation and ensuring adherence to the Human Resource Manual and Policies.
    • Ensuring the adherence by staff to the Human Resource Policy Manual and Regulations and advise to the human resource manager when there is breach
  • Training.
    • Training staff on respective legal requirements for their roles in the company
    • Training staff on Business Principles and other company policies

Requirements

Job Knowledge, Skills & Experiences:

  • Graduate of Law
  • Masters in Law or business is an added advantage
  • Admitted to the bar with 5+ years of experience and a current practicing certificate
  • 5 years court experience.
  • Certified Public Secretary will be an added advantage.
  • Must have been in litigation for minimum 5 years
  • Worked in a corporate commercial organization.
  • Ability to work independently.
  • Demonstration of creativity and initiative.
  • Capacity for identifying potential legal problems and designing legal solutions
  • Demonstrates grit and courage
  • Demonstrates the ability to defend and guard the interests of the company jealously
  • Business minded
  • Working with minimum supervision

Applications

If you believe you have high performance culture, positive mental attitude and are self-driven, then apply using the following link  https://optivenjobapi.optiven.co.ke/optivenJobAPI/public/ on or before 19th March  2021.

NB: We do not charge for job applications and interviews. Canvassing will lead to automatic disqualification

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