Reporting to the Corporation Secretary and Chief Manager, Legal Services, the duties and responsibilities of the Manager will entail:

• Oversee and manage Contractual issues within the Authority.
• To provide leadership and ensure efficiency and effective management of staff and resources in the Legal Services Division.
• Manage implementation of Department deliverables in realization of the Authority’s Strategic Plan and Performance Contract.
• Oversee the development of the Department’s annual budget, work plans and periodic reports.
• Manage implementation of the Department’s targets under the Performance Contract.
• Manage staff job performance career development, capacity and deployment of skills.
• Advise the Authority on various legal matters on Contracting and Dispute Resolution and monitors the compliance of the company with various applicable regulations.
• Attend to all legal matters of the Authority including advising, vetting and drafting of legal agreements in relation to the Authority’s operations.
• Liaise the functional units on queries or legal matters that should arise that relate to the Authority’s affairs.
• Prepare Board Papers for the Department.
• Ensure that the Authority has all the licenses it requires for its operations and oversee the issuance of licenses by the Authority.
• Ensure safe custody of Authority’s legal documents.
• Develop and vet policy papers and instruments with legal implications on Authority’s operations and approval by the Authority.
• Coordinate the registration of the Intellectual Property rights of the Authority and advise the Authority on Intellectual Property issues including infringement of Intellectual Property Rights (IPRs), improper exploitation and abuse of KoTDA technologies and creative works.
• Oversee the development and implementation of legal policies, guidelines and procedures to guide operation of the Authority.
• Facilitate the development of the Board Almanac.
• Assist in the preparation of Board and Committee agendas and reviewing papers from compliance with form and styling guidelines before circulation and uploading respective soft copies of the documents xviii. Assist in Board and Committee meeting records administrative tasks and facilitating minutes sign-off and filing in the Minute Books.
• Prepare Board Resolutions, Action Points, Board Reports, and Board Minutes.
•  Assist Corporation Secretary on the Custody of the seal and prepare reports of sealed documents.

Person Specifications

For appointment to this grade, a candidate must have: –

• Master’s Degree in any of the following disciplines: Law, Business Administration, Public Administration, or any other relevant field from a recognized institution.
• Bachelor’s degree in law from a recognized institution.
• Advocate of the High Court of Kenya.
• Member of the Law Society of Kenya (LSK) with a valid/current practicing certificate.
• Ten (10) years’ work experience, three (3) of which should be in a senior management position in public sector with experience in contracting and dispute resolution.
• Management Course from a recognized institution.
• Shown merit and ability as reflected in work performance and results; and
• Proficiency in Computer Applications.

Board Secretariat

• Development of the board annual work plan and the budget.
• Support the coordination of Board matters and communication on the implementation of Board or Committee decisions including reports on follow-up actions

Regulatory & Statutory Compliance

• Ensure the implementation of strategies, policies, and procedures for regulatory and statutory compliance.
• Oversee the conduct of the legal compliance audits in the Authority.
• Liaise and manage the external consultants conducting the legal compliance audits.
• Ensure compliance with all statutory and policy requirements/guidelines by the Authority.
• Review the Legal Audit and Compliance policies.
• Review and approval of the Terms of Reference for the conduct of bi-annual legal compliance audits.
• Obtain the approval to conduct legal audits from the relevant authorities
• Ensure the implementation of legal audit recommendations.
• Prepare periodic reports on the level of adherence to statutory and policy requirements/guidelines.
• Implement strategies for mitigation and managing non-compliance.

Licensing

• Ensure that the Authority has all the licenses it requires for its operations.
• Oversee the development, review, and update of the license register.
• Review and approve applications for licensing presented at the Authority.
• Ensure the license conditions are adhered to. Process and responding to the complaints related to licenses received by the Authority.
• Ensure that all matters relating to the licenses are addressed on timely basis.
• Review relevant notices, announcements and advertisements by licensed entities and making recommendations of their suitability for publication.
• Update the status of all outstanding licensing applications received by the division, in liaison with officers from other divisions in the department.
• Prepare reports that assist in management and decision making of the Authority on Licensing.
• Develop a work plan and the budget.

Contracts

• Implement the strategies, policies and procedures for contracts management.
• Implement and review legal policies and procedures to ensure that they are in accord with the existing legislation.
• Negotiate, draw and vet Contracts, agreements and other legal documents.
• Advise the Authority on the legislation that affect the Authority and changes made thereof.
• Prepare legal opinions on legal issues in Authority contractual transactions.
• Ensure that the Authority’s interests are protected in the contractual agreements.
• Identify contractual risks in transactions and advise the Authority on mitigation measures.
• Develop Contractual risk register and ensure that it is updated.
• Ensure that contractual risk mitigation measures are implemented.
• Prepare budget and divisional reports.
• Dispute Resolution
• Implement dispute resolution strategies, polices and mechanisms for the Authority.
• Resolve disputes in consultation with all affected parties, to ensure that they do not lead to litigation.
• Represent the Authority in all judicial bodies – Courts, Dispute Adjudication Boards, Arbitration.
• Regularly review and monitor court matters by and against the Authority with a view to concluding matters in a timely and cost effective manner.
• Ensure that pleadings, evidence and witness statements are drafted and filed accordingly.
• Ensure that the witnesses are prepared accordingly and that they attend court for the hearings.

Person Specification For appointment to this grade, an officer must have: –

• Degree in Law (LLB) from a recognized institution.
• Postgraduate Diploma in Law from the Kenya School of Law.
• Advocate of the High Court of Kenya.
• At least four (4) years’ work experience in public or private sector with experience in board secretarial, corporate governance, legal compliance and licensing.
• Certified Secretary and a member of the Institute of Certified Secretaries.
• Shown merit and ability as reflected in work performance and results; and
• Proficiency in computer applications

Reporting to a senior officer, the duties and responsibilities of the officer will entail:

Contracts

• Negotiate, draft, and review Contracts, Agreements, MOU’s and Partnership documents for the Authority.
• Ensure that due diligence is conducted in the contracting process to ensure the interests of the Authority are protected.
• Ensure that the Authority’s interests are protected in the legal agreements.
• Conduct legal research and analysis on various areas of law relating to the Authority.
• Ensure the Contracts are compliant with Authority’s guidelines, policies, and procedures.
• Ensure that Contracts adhere to the public procurement laws and regulations and any other applicable laws.
• Attend to the execution of Contracts by the Authority. vRespond to inquiries regarding specific Contracts.
• Maintain a record of all contracts.
• Ensure that contracts are renewed on time.
• Ensure the safe custody of contracts.
• Prepare report of all contracts, Agreements, MOU’s and Partnerships by the Authority.
• Dispute Resolution
• Draft correspondences, legal briefs, opinions, pleadings, submissions and notices.
• Conduct research on relevant case law and prepared summaries of legal arguments.
• Prepare cases for hearing by way of trial, applications or any form of Alternative
• Dispute Resolution.
• Respond to demand letters

For appointment to this grade, a candidate must have:

• Bachelor of Law degree from a recognized institution.
• Postgraduate Diploma in Law from the Kenya School of Law.
• Advocate of the High Court of Kenya.
• Membership to the Law Society of Kenya with a current practicing certificate.
• Proficiency in computer applications

Reporting to a senior officer, the duties and responsibilities of the officer will entail:

• Execute audit programs/plans;
• Collecting audit evidence;
• Verify the existence and safety of the Authority’s assets;
• Prepare draft audit reports;
• Carrying out audit reviews to assess the effectiveness of risk management and the adequacy of internal controls and operations;
• Ensuring completeness and accuracy of records and reports.
• Supervise and review work done by the internal auditors.
• Carrying out special audits or investigations as may be required from time to time.

Person Specification For appointment to this grade, a candidate must have:

• Bachelor’s degree in Commerce, Finance, Accounts, Business
• Administration or relevant qualifications from a recognized institution;
• Proficiency in computer applications

Reporting to a senior officer, the duties and responsibilities of the driver will entail:

• Maintains and updates daily vehicle movement log/schedule and ensuring all trips are pre-authorized by the transport officer before embarking on the trips;
• Assists in carrying out routine checks on vehicles for detection of malfunctioning of vehicle systems;
• Ensure there is a documented proper tracking of service intervals;
• Drives KoTDA vehicle as authorized and Ensuring adherence to traffic laws;
• Maintains cleanliness of the vehicle;
• Submits regular reports on motor vehicle assigned;
• Ensure Safety of passengers and goods therein;
• Ensure Security and safety of the vehicle on and off the road;
• Ensure Proper mechanical working condition of the vehicle
• Maintain work tickets for vehicles assigned to them to ensure all journeys are authorized and to ensure accountability; and
• Monitors and reports expiry of insurance policies for motor vehicles

Person Specification For appointment to this grade a candidate must have: –

• Valid driving license free from any current endorsements(s) for classes of the vehicles the driver is required to drive;
• First Aid Certificate course lasting not less than one (1) week from a recognized institution;
• A defensive Driving Certificate from the Automobile Association of Kenya (AA) or its equivalent qualification from any other recognized institution;
• Kenya Certificate of Secondary Education (KCSE) or its equivalent;
• The Occupational Trade Test II Certificate;
• At least four (4) years driving experience;
• An accident-free driving period of three (3) years;
• Passed the Driver Assessment Test;
• Proficiency in computer applications