Position Title: Legal and Governance Officer
ABOUT US
Established in 2005, Fairtrade Africa (FTA) is a member of Fairtrade International and the umbrella network organization representing Fairtrade-certified Producer Organizations in Africa and the Middle East. It has four (4) regional networks – Eastern & Central Africa; Southern Africa; West Africa; and the Middle East & North Africa. FTA currently represents 1,354,294 farmers and workers in 660 producer organizations spread across 28 countries in Africa and the Middle East by providing services to them that contribute to the improvement of their livelihoods.
ABOUT THE ROLE
To provide efficient and effective legal support that is reliable and courteous and lead in all governance matters.
DUTIES AND RESPONSIBILITIES
Key Performance Areas
Legal Advisory services
- Provide legal protection advise to management
- Review and provide advice on all documentation that require legal input (donor and other contracts, tender documents etc.)
- Provide and interpret legal information, conduct training, and disseminate appropriate legal requirements to staff.
- Interacts with management to advise on all aspects of legal implications specific to projects or programs addressing general matters pertaining to Intellectual Property (IP) and to guide the organisation on the application of IP laws and principles alongside the organization’s own policies.
- Ensuring organizational information and knowledge is copyrighted and protected and ensuring enforcing copyrights
- Keep track of new updates in relevant legal provisions and provide advice and follow- up with management actions accordingly
Legal support
- Protect FTA’s interests by vetting all contracts with third parties.
- Advise users on the legal issues in respect to proposed contractual arrangements / Memorandum of Understandings / Mutual confidential agreements
- Assess agreements and partnerships deeds for minimizing/eradicating risks and exposure
- Assess ongoing cases and execute the best course of action
Liaison with User Departments
- Develop effective working relationships with key users’ units to ensure their needs are understood and appropriate solutions developed to support business needs.
- Assist in drafting different types of legal documents
- Review, negotiate and draft commercial agreements involving all functional areas of the organization from routine agreements to major transactions
- Prepare Board Reports on all completed Contracts that need to be brought to the attention of the board
- Manage litigation briefs to protect FTAs interests and reduce its exposure.
Litigation Management
- Follow up on litigation cases where FTA is a Plaintiff to ensure that damages due to FTA are recovered.
- Keep an up-to-date schedule of legal costs incurred, compiling list of claims and status with a view of establishing impact costs
- Receive court summons and liaise with external lawyers
- Advise the organization and related entities on the litigation risks of possible business decisions, providing preventive counseling with respect to the legal risks associated with business practices; and developing strategy with both inside and outside counsel in response to civil litigation and regulatory inquiries
- Review progress of outstanding litigations and liaise with external lawyers
- Preparing Board Reports on all Litigation Matters
Statutory Compliance
- Ensure company compliance with statutory and regulatory requirements. Ensure compliance at the Company Registrar’s office i.e., change of directors, filing returns, updating records on need basis
- Formulate compliance check-lists to be used for the purpose of ensuring that all information required is provided accordingly
- Manage legal implications of new contracts
- Prepare regular reports for senior management meetings
- Ensuring compliance and renewals of all the licenses, contracts, agreements, and permits of the organization
Governance duties
- Guide and advise the secretariat on key governance and compliance issues.
- Ensure adherence and compliance to the various rules of procedures (GA & RC)
- Hold continuous regional sensitization on governance matters.
- Support the regions with de-registration of old entities
- Maintain a well-updated register of members of the company
- Ensure compliance at the Company Registrar’s office i.e., change of directors, filing returns, updating records on a need basis
- Ensure a good record of minutes and proceedings at the General Assembly and Regional Congresses.
- Organize Annual General Assemblies.
- Support the regions in organizing Regional Congresses.
- Working closely with the ED to ensure GA meetings are conducted efficiently and comply with relevant company legislation.
- Offer secretarial and administrative support to the Nominations Committee
- Review court awards/arbitration settlements and advise if decretal sums are to be paid or if the organization is to appeal against the judgment entered
Policy Development
- Analyse problems and difficulties encountered in the legal arena and taking or recommending remedial action to mitigate against risks that may arise
- Continuously monitor compliance with statutory obligations and advise senior management accordingly
- Liaise with legal advisors from other offices within Africa to ensure all legal matters are under control
- Create a database for all legal aspects for ease of reference
Evaluation and Documentation
- Continuously monitor compliance with statutory obligations and advise senior management accordingly
- Liaise with legal advisors from other offices within Africa to ensure all legal matters are under control
- Creating a database for all legal aspects for ease of reference
SKILLS AND EXPERIENCE
Qualifications
- Minimum of a Bachelor’s degree in Law.
- A Postgraduate Diploma in Legal Studies from the Kenya School of Law.
- Must be a member of the Law Society of Kenya with a current practicing certificate.
- An advocate of the High Court of Kenya.
- CPS (K) and membership of the ICPSK will be an added advantage.
Experience and Knowledge
- Should have at least Four (4) years relevant work experience.
- Some experience working in an international NGO with a strong understanding of the humanitarian operating models and development programs / approaches in both regular and relief situations.
Skills
- Strong conceptual, analytical, documentation, and presentation skills;
- Ability and willingness to travel domestically and internationally up to 20% of the time. Good interpersonal skills and ability to influence and negotiate at different levels;
- Excellent communications skills necessary for interaction with the Government of Kenya and negotiating parties;
- Excellent logical and examination skills;
- High degree of integrity, dependability, and confidentiality;
- Ability to provide independent advice (orally and in writing) to senior-level management on highly technical matters;
- Good planning and organization skills.
How to apply
An application form (CVs will not be accepted) can be found on the jobs and volunteering page of our website: https://fairtradeafrica.net/vacancies-2/
If you have any queries, please e-mail recruitment@fairtradeafrica.net
or call +254 202721771 or +254 704180169 and ask to speak to a member of the HR team. Qualified applicants will be subjected to background checks as a pre-condition of employment. Completed applications should be saved in the applicant’s name and the position (Legal and governance Officer) and be e-mailed to recruitment@fairtradeafrica.net
All applicants should state how they meet the essential requirements of the post and include their email address, telephone contacts, and three referees with contact details on the application form.
Only shortlisted candidates will be contacted.