JOB PURPOSE STATEMENT
Reporting to the Head of Legal Services, The Legal Officer will be responsible for providing effective legal support to the institution, ensuring compliance with all statutory and regulatory requirements, and safeguarding the institution's legal interests. The role entails contract management, credit documentation, litigation handling, regulatory liaison, and corporate governance support
KEY MEASURABLE GOALS
Leadership
Legal Risk Management
Regulatory monitoring
Management of litigation
Documentation and perfection of securities
Support in Credit Statutory Debt Recovery processes
Stakeholder Engagements - Directors, Regulators, Shareholders, Industry player
KEY RESPONSIBILITIES
Leadership role
Provide leadership and ensure efficient and effective management of staff and resources reporting to job holder including mentorship, coaching and training.
Liaise with the Head of Legal Services in conducting performance appraisals and ensure competency and training gaps are addressed.
Represent the Head of Legal Services in various internal or external meetings or committees when called upon.
Provide monthly and quarterly reports to the Head of Legal Services on job holder duties.
Litigation management
Maintain and update the database of cases and management of litigation
Review progress of outstanding litigation and liaise with on appropriate strategies for cases.
Collate documents and any evidence, identify and prepare witnesses in support of Bank cases
Diarize hearing notices for pending cases, follow up and update of outcome thereof to Head of Legal Services, Debt Recovery Unit (DRU) and Branch (where applicable).
Provide support to the Debt Recovery Unit in various recovery processes including but not limited to: -
Ensure compliance by DRU team on the necessary statutory requirements and processes.
Review and issuance of statutory notices
Legal advisory of various recovery matters
Manage external counsel handling various litigation matters including is suance of instructions, timely drafting of pleadings, review of pleadings; review of advocates performance.
Issuance of Legal opinions and advisory on various litigation matters.
Negotiation of out of court settlement with external advocates.
Management of legal costs associated with litigation.
Attending Court and representing the company in legal issues when required.
Review and manage demand letters from customers or third parties
Credit Documentation and perfection of securities
Draft, review and ensure proper facility letters, Bank's standard forms and templates, securities documentation and service level agreements and standard agreements, properly drafted and legally enforceable to ensure compliance to regulatory changes and general securitization requirements to safeguard the bank's exposure.
To capture, register, monitor, control and report all types of collateral offered by the customers and ensure that they are properly lodged for registration.
Liaise with external legal counsel to ensure proper preparation, execution, registration and perfection of securities within the agreed TAT as per SLA.
Legal Risk Management and Advisory
Provision of sound legal advise to the business/ staff on existing or emerging laws, operational requirements.
Continually reviews, develops and refines legal policies and procedures to determine their suitability for the bank's requirements and recommends modification and upgrading to meet the desired standards and changes in the bank's risk profile.
Participate in drafting and review of various risk policies and procedures to comply with the bank's strategy and objectives
Ensure any policy or identified regulatory breaches are properly authorized at the correct level
Periodically do risk review of new and existing credit products and non-credit products with inherent risks and advise the management on remedial measures.
Manage the performance and relationships of third- party legal service providers
Monitor and manage Legal and Legal Product Risks within the business
Liaise with relevant departments to ensure that where legal risks have been identified, appropriate courses of action have been taken.
Provide and interpret legal information, conduct training and disseminate appropriate legal requirements to management and staff.
Corporate Governance and Board Support
Assist in the preparation of board papers, minutes, resolutions, and statutory filings.
Maintain statutory registers including registers of members, directors, and charges.
Support the implementation of good corporate governance practices.
Bank-wide AML KYC & CFT Responsibilities
Communicating and reinforcing the AML-CTF compliance culture established by the board.
Implementing and enforcing the board-approved AML, KYC & CFT policy within the Department.
Staff Supervision Responsibilities
Legal Contract Staff
Education
Bachelor of Laws degree from a recognized University
Post Graduate Qualifications- Diploma in Law
Advocate of the High Court of Kenya with current practicing certificate
Experience
At least five (5) years extensive legal experience either from the financial services sector or banking institution with extensive exposure to litigation, debt recovery and security perfection.
Working knowledge of both the legal requirements and lending practice for financial institutions, particularly lending to the different market segments
Exposure to CBK compliance requirements will be a definite advantage.
Ability to work with minimum supervision
Knowledge and Skills
Technical Skills in Conveyancing and Securities documentation
Litigation and Debt Recovery Processes.
Ability to deal with and effectively Manage Senior Stakeholders confidently.
Proficiency in Computer Skills.
Strong Oral and Written Communication skills.
Honest, Transparent and demonstrate high level on integrity.