The Public Procurement System in Kenya has evolved from a crude system with no regulations to an orderly legally regulated procurement system. The Government’s Procurement system was originally contained in the Supplies Manual of 1978, which was supplemented by circulars that were issued from time to time by the Treasury

PPRA /LO- /6/2023

Job Purpose

To provide operational support in protecting the interest of the Authority in litigation; drafting of contracts; preparing legal opinions and advisories; and analysis of debarment and administrative review cases, towards the achievement of the Authority’s strategic goals and objectives in the regulation of the public procurement system in Kenya.

Key Responsibilities/ Duties / Tasks

Managerial / Supervisory Responsibilities

• Supervise data entry and generation on administrative review and debarment cases; executed and pending contracts and cases pending in court.

Operational Responsibilities / Tasks

• Draft pleadings and other documents for filing in court;
• Attend court to represent the Authority;
• Prepare documentation to be filed in court in cases where the Authority is a party;
• Prepare witness statements for use in court;
• Provide input in drafting amendments to legislation and regulations to facilitate the Authority’s operations;
• Analyse debarment cases to be presented to the Debarment Committee.
• Provide input in the legal and compliance audit of the Authority;
• Draft contracts, memorandum of understanding, leases and agreements;
• Follow up with external lawyers on monthly status reports and compile the same or prepare status reports for internally handled cases;
• Undertaking conveyancing for the Authority’s properties, conduct searches on the Authority’s properties, and prepare leases and agreements where the Authority is a landlord;
• Provide input in the preparation of annual and quarterly departmental reports;
• Provide support in the Authority’s policy development and advise on legal policy issues;
• Articulate the department’s issues in various fora;
• Drafting legal opinions;
• Providing and interpreting legal information;
• Participating in developing legal documents and instruments;
• Provide support in legal risk reviews and advice;
• Drafting contracts, internal policies;
• Handling pre-litigation legal disputes and inquiries; and
• Drafting court pleadings for filing in court;
• Providing support in carrying out the legal compliance audit;
• Drafting memorandum of issues on bills and legislation;
• Providing support in implementation of the quality management system in the department;
• Draft notices of hearing to all parties to debarment proceedings
• Draft issues for determination and necessary points of clarification to be presented during a debarment hearing;
• Provide support in prosecuting debarment cases before the Debarment Committee;
• Maintain records relating to debarment proceedings;
• Prepare draft decisions for consideration by Debarment Committee;
• Follow up to ensure publication of the names of the debarred firms on the Authority’s website;
• Prepare draft communication to the Cabinet Secretary responsible for public procurement on gazettement of names of debarred firms;
• Research on points of law as instructed relating to the mandate of the Review Board by the Constitution, the Act and the Regulations;
• Research and identify appropriate laws, judicial decisions, legal articles and other material that are relevant to assigned cases;
• ompile statistical analyses of cases handled and activities undertaken by the Review Board;
• Prepare draft legal opinions on ongoing cases that the members of the Review Board can refer to in development of their decisions; and
• Follow up progress and status of judicial review and appeal cases at the Court and compile statistical and legal analyses of judgements rendered.

Job Dimensions:

Financial Responsibility

• Provide input in preparation of the department’s budget;
• Implement the department’s approved budget and procurement plan; and
• Propose expenditure by the department

Responsibility for Physical Assets

• Takes responsibility for the following assets:
• Working tools – Laptop computer and iPad
• Litigation files and records
• Debarment files and records
• Contract Files
• Storage cabinets
• Executive desk and chair

Decision Making / Job Influence

• Operational decisions
• Analytical Decisions

Working Conditions

• Office setting with occasional local travel
• Working within strict timelines

Job Competencies (Knowledge, Experience and Attributes / Skills).

Academic qualifications

• Bachelors of Laws (LL.B) degree from a recognized institution; and
• Post graduate Diploma in Law (Advocates Training Programme).

Professional Qualifications / Membership to professional bodies

• Membership to the Law Society of Kenya (LSK) in good standing;
• Be admitted as an Advocate of the High Court of Kenya; and
• Current Advocates Practicing Certificate;

Previous relevant work experience required.

• N/A

Functional Skills, Behavioral Competencies/Attributes:

• Organization skills
• Interpersonal skills
• Communication skills
• Negotiation skills
• Problem solving skills
• Communication skills
• Presentation skills
• Self-driven

Remuneration Package

• Gross Pay-Ksh 127,000- 204,000 Per Month
• 30 leave days per year
• Leave traveling allowance @ I/3 (third) of the basic salary up to a maximum of Ksh 50,000.
• A contributory pension scheme where the Employer contributes 20% and employee contributes 10% of the basic salary per month.
• Medical cover both in and out patient for self-one spouse and up to four children. Current annual limits are Out patient Ksh 300,000 and Inpatient Ksh 4,000,000
• Group life cover at basic salary for 60 months.
• Work Injury Benefit Cover and Group personal Accident Cover