IFPPP/PPPD/DL/2023-24
Objectives
Of The Assignment
The primary objective of the assignment is to strengthen
the legal services function at the PPP Directorate and augment the capacity of
the PPP Directorate in carrying out its mandate under the PPP Act 2021 to
assist Contracting Authorities across various sectors and county governments,
to identify, select, appraise, approve, procure, negotiate and monitor PPP
projects throughout their cycle, as well as supporting the Government in
entrenchment of its PPP policy, legal and regulatory framework. A secondary objective
is to support the cas pacity building initiatives of the PPP Directorate and
sensitize Contracting Authorities and stakeholders on Kenya’s PPP legal
framework.
Duties & Responsibilities
The Director, Legal Services is expected to meet the
above objective by performing, without limitation, the following tasks:
Lead a team of senior lawyers to
deliver the legal mandate of the Directorate to effectively implement the PPP
program in Kenya.
Overseeing regulatory
compliance, legal compliance and regulatory affairs.
Providing advice/counsel across
multiple areas of PPP (contract law, land law, litigation, transactions
compliance, labour, corporate governance, ethics, etc).
Support Director General in the
secretariat duties to the PPP Committee.
Coordinating assistance for the
recruitment of Transaction Advisors (TA), including preparation or review of
TORs, drafting of TA contracts and advice on bid evaluation and TA selection,
including how any dispute on TA selection can be resolved.
Coordinating in the legal review
of feasibility study reports to ensure conformity with the PPP Act, the
Government Contracts Act, Cap 23 Laws of Kenya and other legal requirements.
Coordinating assessment of
chosen approach to PPP transactions and whether any aspect of that approach
abides with the available laws, mainly PPP, PFM, Constitution etc.
Coordinating attainment of
necessary approvals and permissions for PPP processes before commencement of
the tender process.
Coordinating support consistent
with the PPP Act and supporting regulations throughout the PPP process
including review of PQ notice, RFQ, PIM, RFP and Project Agreement and other
transaction documents for PPP projects.
Lead legal input in PPP
procurement processes, reviewing and drafting of transaction documents and
related legal documents for proposed PPP projects.
Providing legal guidance to
contracting authorities, during all PPP stages.
Supporting contracting
authorities in preparation and management of the PPP negotiations to commercial
close.
Providing solutions in unlocking
transaction processes towards the achievement of financial close.
Liaison with the Office of the
Attorney General to obtain various clearances and legal instruments required
for PPP transactions.
Preparation of post-contract
negotiation documents or other requisite approvals.
Identification of risks and
potential litigation arising from bidding process, contract variations and
other related operational policy concerns and provide legal advice onthe
mitigations, and ensure timely escalations and adherence to the law.
Coordinating legal research and
studies on various laws, administrative issues, court decisions and other legal
issues related to PPPs, and ensure the Directorate is leading on global
practices.
Coordinating the formulation of
guidelines and standard documentation required under the PPP Act and other
relevant statutes.
Perform any other ancillary and
associated tasks, including administrative tasks, as may be required.
Capacity building for the
various arms of Government on the PPP framework.
Qualifications & Experiences
Bachelor’s degree in laws
(L.L.B) from a recognized institution.
Postgraduate Diploma in Legal
Studies from the Council of Legal Education.
Master’s degree in law or a
Social Science from a recognized institution as an added advantage.
Track record of resolving
complex legal transaction with a solution-oriented mindset.
At least ten (10) years of
post-qualification experience.
5 years of experience at Senior
Management level.
Experience in PPP’s, Project
Finance and/or Project Management.
Good understanding of Government
of Kenya procedures and operations.
Ability to apply good legal
judgment in the context of assignments and to present results/recommendations
clearly and concisely.
Excellent interpersonal skills,
with a passionate, positive attitude.
Excellent communications skills
in English, ability to present both written and oral ideas clearly, concisely,
and persuasively.
Excellent legal research skills
with significant experience in the use of varied legal research sources.
Excellent problem solving and
analytical skills, and attention to detail, and the willingness to assume
multiple roles and tasks to meet changing business needs.
Excellent process and project
management skills, with the ability to work independently, seeking guidance on
complex issues from senior staff.
Ability to work well as a team
member and lead diverse teams.
Ability to work under time
pressure and to juggle multiple tasks within tight deadlines.
Fully proficient in computer
skills, particularly in using word processing software, information databases,
intranet and internet services and resources.
Demonstrated commitment to core
values, including excellence, mutual respect, collegiality, teamwork, diversity
and inclusiveness, integrity, innovation, transparency and accountability.
Ability to drive transactions
from start to finish, with the ability to work with cross functional teams.
Ability to understand complex
legal issues in project finance and Government transactions and able to
articulate arguments and rationale for the same.
How To Apply
Find the revised Terms of Reference for Director, Legals
services on the following website: www.
treasury.go.ke; or www.pppunit.go.ke
Closing
date: The
deadline for the applications will be on 26th
January, 2024.
Director Legal Services (Re
advertisement) Ref No. IFPPP/PPPD/DL/2023-24
Extension of submission of application
has been extended by 2 weeks.