Director, Legal Services at Office of the Controller of Budget (OCOB)

Job Purpose

This position is responsible for providing legal advice on litigation, dispute resolution, legal compliance, enforcement and advisory services. It will also ensure the implementation of legal policies, systems, and procedures and undertake research on various legal and procedural matters under the legal services function.

Key Responsibilities/ Duties / Tasks
Managerial / Supervisory Responsibilities

• Overseeing the development, implementation and review of legislation, regulations, policies, procedures, frameworks, guidelines, strategies, policies, and work plans for Legal services;
• Ensuring compliance of enabling legal instruments for requisition for withdrawal from Equalization Fund, Consolidated Fund, County Revenue Funds and any other public fund which by an Act of Parliament requires approval of the Controller of Budget for withdrawal from that fund;
• Setting legal standards on compliance of the budget process with the constitutional, statutory and regulatory provisions;
• Ensuring legal compliance of the formats for requisitions and approvals of withdrawals of funds;
• Overseeing the facilitation of alternative dispute resolution through mediation, conciliation, and negotiation concerning disputes touching on budget implementation;
• Spearheading the issuance of legal opinions on budget implementation reports for the national and County governments and on special reports to Parliament on stoppage of funds or issues as may be requested by Parliament, Governors or County Assemblies;
• Overseeing formulation and review of legal guidelines and procedures Review on the Medium-Term Papers (MTP), Budget Policy Statement (BPS), Budget Report and Outlook Papers (BROP), County Fiscal Strategy Papers (CFSP), County Budget Review Outlook Papers, County Debt Management Strategy Papers;
• Coordinating all complaints handing from members of the public on budget implementation and facilitating resolving mechanism;
• Coordinating review and providing legal opinion on special reports on particular issues as may be requested by Parliament, Governors or County Assemblies in line with section 10 of the Controller of Budget Act, 2016;
• Spearheading legal audits and preparation of Legal Audit Reports
• Spearheading investigations and issuing a legal advisory on any budget implementation matter;
• Overseeing capacity building on legal matters affecting public participation in the budget process;
• Representing the OCOB in any litigation;
• Assessing the impact of legislative issues and providing legal counsel and policy direction;
• Coordinating research on various legal aspects and processes relating to the mandate of the OCOB;
• Coordinating the development and review of contracts, agreements, Memorandum of Understanding (MoU) and other legal documents for the OCOB;
• Ensuring safe custody of the OCOB seal;
• Spearheading the development, implementation and review of legal monitoring and control systems and procedures;
• Develop and Monitor implementation of business continuity plans for the legal directorate;
• Initiating and coordinating Business Process Re-engineering (BPR);
• Liaising with stakeholders to enhance collaborations and linkages;
• Spearheading the development and implementation of the directorate’s strategic plans, budgets and performance contract; and
• Managing, mentoring, coaching and developing staff in the directorate.

Job Dimensions:

Financial Responsibility

• Leadership in the development and implementation of budget in the directorate

Responsibility for Physical Assets

• Responsible for the assets assigned by the office of the Controller of Budget as per the office’s asset register

Decision Making / Job Influence

• Strategic
• Advisory
• Financial
• Analytical

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

Academic qualifications

• Bachelor of Law degree from a recognised institution;
• Master of Laws degree from a recognized institution;

Professional Qualifications / Membership to professional bodies

• Be an Advocate of the High Court of Kenya;
• Membership in good standing with the Law Society of Kenya.

Previous relevant work experience required.

• Satisfactorily served for a cumulative period of fifteen (15) years’ work experience, four (4) of which should have been in the grade of Chief Manager Legal Services or in a comparable position in the public service or private sector.

Functional Skills, Behavioral Competencies/Attributes:

• Certificate in a leadership course lasting not less than four (4) weeks from a recognized institution;
• Proficiency in computer applications;
• Met the requirements of Chapter Six of the Constitution;
• Demonstrated professional and managerial competencies and ability as reflected in work performance and results; and
• Exhibited a thorough understanding of national goals, policies, objectives and ability to relate them to legal service functions.