Principle Accountabilities

LEGAL FUNCTIONS                                                                                              

• Responsible for providing legal counsel to the Special Assets team, participating in strategic initiatives, providing subject matter expertise (in particular, on credit, insolvency and bankruptcy issues) and interpretations of relevant laws, rules, regulations, and industry practices, and advising business management on legal matters impacting the business
• Provides legal support to Special Assets in its evaluation of distressed situations, including assisting in overall strategy and review of credit/collateral documentation
• Liaise with the Special Assets Team for the recovery and collection of a portfolio of Non-Performing Loans and ensure the bank gets back monies owed
• Instructing external lawyers to sue for recovery of outstanding debts if unsecured or when appropriate
• Liaise as required with external lawyers and assist in the preparation of the required pleadings and regularly update the litigation report. Constant evaluation and monitoring of the Litigation turnaround time (TAT) and liaising with the Company’s external Lawyers in this regard. Attend the Court hearings of critical cases filed by and against the Bank
• Drafting and reviewing bank-wide legal related documentation for use by the Company including loan securities, leases and contracts, and constant evaluation & monitoring of the agreements that the Bank is party to mitigate legal risk of non-compliance with continuing obligations
• Assisting the Head of Legal to undertake Company Secretarial work including attending Board of Directors meetings and/or Board Committee meetings, writing of minutes and preparation of Board papers.
• Providing legal advisory services to the Board and guiding the board in ensuring implementation of the Companies Constitutive documents;
• Liaising with external advocates to receive legal opinions as sought by the Board, filing of various resolutions at the Companies Registry, Corporate Restructuring among others.
• Liaising with investigators, valuers, debt collectors & external lawyers on debt collection, and instructing external lawyers to sue for recovery of outstanding debts if unsecured or when appropriate, and when required, representing the Bank in courts, tribunals arbitrations & other legal fora
• Monitoring and following up on emerging legislation as well as advising the Bank on the impact of existing and newly enacted legislation on the Bank’s overall activities, and providing guidance to management and the Bank on the law, legal matters, rules and regulations affecting the Bank, its projects and its operations and ensuring legal compliance thereof
• Periodically assess the advocate’s performance against the SLA signed between the Bank and the Advocates.
• Trainings and capacity building fora for HF staff members, and managing legal opinions and FAQs to staff

ADMINISTRATIVE RESPONSIBILITIES                                                                  

• Handling & exchanging daily correspondence with Branches & other Departments of the Company
• Maintaining & constantly updating a record of the Company’s Litigations and status thereof

STAFF FUNCTIONS                                                                                                    

• Appraise staff performance in the unit.
• Ensure fair and equitable distribution of duties within the unit
• Supervise all staff and ensure discipline is maintained.
• Attend to staff complaints, personal grievances and counsel them when necessary.

CUSTOMER CARE                                                                                                     

• Listen to problems and offer timely and workable solutions.
• Treating external customers and internal staff (customers) courteously and make every effort to be of assistance.
• Counseling staff on legal matters.

TRAINING                                                                                                                                  

• Training staff on Debt Collection, Securities and other matters of a legal nature in liaison or collaboration with external counsel.
• Follow up on performance of the trained Staff at the respective work stations
• On Site Training.

OTHER DUTIES                                                                                                

• Represent the department in certain meetings when called upon and as delegated from time to time.
• Represent the Company whenever called upon to do so.
• Any other duties as assigned from time to time.
• Conducting workshops for specific needs of business units
• Representing the department in Company projects that require legal input
• Sitting in & actively participating in nominated committee & task forces

Key Competencies and Skills

Personal Attributes

• Integrity
• Agility and Attention to detail
• Good Judgment
• Commitment
• Dedication
• Honesty
• Teamwork

Skills required to undertake the role

• Analytical Skills
• Communication Skills- Oral and Written. High English command (Writing, speaking, Listening)
• Conceptual Skills
• Decision Making Skills
• Leadership Skills
• Excellent Interpersonal Skills
• Influencing and Negotiation Skills
• Computer Literacy Skills

Minimum Qualifications, Knowledge and Experience

Education:

• Bachelor’s degree in Law from a recognized institution; and
• Diploma of Law from the Kenya School of Law.
• Commissioner for Oaths and Notary Public;
• Advocate of the High Court of Kenya.
• Registered CPS with the Institute of Certified Secretaries of Kenya is an added advantage

Experience:

• An Advocate of minimum 5 years’ experience, practising in a busy commercial law firm or in-house legal department of a financial company
• Working knowledge of the legal environment for Banking and general business/commerce in Kenya
• Working knowledge of the lending practice for financial institutions, particularly lending to the different market segments – corporate, SMEs and retail banking
• Working knowledge of business management and banking acquired through practical experience in a work environment, seminars and courses on business and banking related subjects
• Participant in Continuous Education programs under both the Law Society of Kenya and ICPSK;
• Working knowledge of banking business acquired through working in a banking institution
• Participation in facility structure meetings, due diligence exercises and management of non-performing loan portfolio.