Our client is a leading real estate development partner offering solutions that range from project management to co-development and property trading in the Kenyan real estate sector. They have a wide portfolio of blue chip clientele and partners having achieved unmatched recognition in the industry and effectively built its brand as a reliable delivery partner.

They have has responded to the socio-economic needs of the growing population through the development of innovative developments that positively transform neighborhoods and communities throughout the region.

Our client would like to fill the position of a Legal & External Affairs Director.

Are you a seasoned Legal Counsel who is confident, ambitious, resourceful and imaginative with the desire to challenge yourself? Are you interested in being part of a team focused towards transforming the real estate market in Kenya and beyond the East African region? If so, then this is the job you are looking for. The jobholder will report to the Chief Executive Officer (CEO).

Purpose Statement of the Position

Over the next few years, our client will invest over $300 million is rental housing in Nairobi focused on Students and Young people. More than half of this investment is coming in as Foreign Direct Investment (FDI) from Helios (Equity) and OPIC (Debt). 

The investment involves acquiring land in the open market next to Universities and other key hubs where young people prefer living, constructing the buildings, leasing out to tenants and then managing the properties on a full services basis for the long term. Currently we have over 1,500 student beds across 3 properties operating with a further 7,000 beds in an active development pipeline spread across 7 sites in Nairobi

This investment will have numerous positive benefits to the economy and people of Kenya. Three of these are:

1.    Providing quality, safe, secure and affordable housing to over 50,000 students and young working Kenyans which is aligned with the governments Big 4 objective of reducing the housing deficit in Nairobi. 
2. Employing over 1,000 people directly in the business, over 10,000 directly on construction sites across all the projects and over 50,000 indirectly through the various service providers, vendors and suppliers for the projects and properties
3. Providing a portfolio of investment grade opportunities for investment in the Capital Markets valued at over Kshs.100 billion. For the first time Kenyan pension and life funds will have access to investable institutional property portfolios that are professionally managed.

The process of developing this portfolio involves a huge volume of legal documentation, engagement with multiple external stakeholders, compliance with numerous statutes that are evolving all the time and lobbying for a conducive business and regulatory environment to speed up the investment. 

Duties & Responsibilities

Legal

• Develop and implement the strategic plans and objectives of the Legal & External Affairs function in line with the business strategy.
• Build and maintain good relationships with experts in the legal field.
• Manage all legal related issues in order to ensure compliance with relevant laws and regulations as well as with internal policies. Defend the interests of the Company. Provide legal support and advice to senior management and to all staff members in order to contribute to the fulfilment of business objectives in full compliance with the legal and regulatory framework.
• To interpret the current legal environment and advise the company on compliance in reaching its objectives and to ensure the business unit adheres to the guidelines set internally.
• Take responsibility for the management of all litigation instituted by or against the company liaising with/manage the external counsel to secure additional external legal expertise as may be required.
• Draw commercial/business contracts, agreements or other legal documents on behalf of the Company and monitor their due execution within the agreed terms.
• Reviewing existing and new legislation and checking to ensure that we are compliant 
• Reviewing legal documents including contracts and agreements prepared by third party legal counsel to ensure they meet and protect our commercial objectives and interests.
• Manage the Intellectual Property portfolio, managing trademarks, patents, design renewals and registration, to monitor all infringements and institute actions, as appropriate, in liaison with external legal counsel.
• Develop and monitor the Business’ compliance with the Capital Markets Act, Companies Act 2015, Occupational Health and Safety laws, Data Protection laws, Competition laws and other applicable statutes

Corporate Governance

• Ensure high standards of corporate governance across the business on management of corporate issues.
• Identify and take steps in conjunction with senior management to mitigate and manage business governance and compliance risks.
• Drive and communicate a governance and corporate reporting framework to senior management and external regulatory bodies as appropriate.
• Advise on and be actively involved in any proposed changes to the corporate structure and governance practices for any Acorn entities.
• Keep abreast of arising regulatory developments as well as evolving best practices in corporate governance practices and corporate compliance measures.
• Champion and ensure adequate measures are in place for adherence to the Company’s Standards of Business Conduct, applicable policies and internal controls/systems, and direct internal SoBC investigations appropriately.
• Develop and drive the maintenance of control systems and appropriate company policies to proactively deal with risks, violations of legal, governance guidelines and internal policies and evaluate the efficiency of internal controls for continuous improvement.

External Affairs

• Engaging government including Kenya Investment Authority, Ministry of Housing, Presidential Delivery Unit, Nairobi Regeneration committee etc. to ensure that we receive government endorsement and incentives available for this kind of huge investment into the economy and we get assistance for example from the “One Stop Centre” at the Kenya Investment Authority to fast track approvals and permits
• Engaging Statutory authorities like County Planning authorities, NEMA, WRMA, NCA etc. to ensure smooth and expeditious approvals of the projects
• Engaging KRA to ensure we get the various tax incentives available.
• Engaging Security agencies including police and intelligence to secure our properties and neighbourhoods against various potential threats such as narcotics, terrorism etc.
• Engaging through KEPSA, RAK etc. to lobby for a conducive business environment and legislation that supports our investment 
• Engaging regulators like the CMA and RBA to facilitate development of the capital markets products that we will be bringing to market 

Records Management

• Ensure adequate implementation and compliance with the agreed records management programme and policies across the organisation.
• Develop, train and promote better understanding by Acorn employees and other relevant persons of applicable internal controls, corporate governance practices and records management requirements.

• An LLB degree & a Master’s degree.
• Must be an advocate of the High Court of Kenya.
• Qualification as a Company Secretary, Financial Auditor or Governance Auditor is an added advantage.
• At least 10 years legal experience ideally in a leading organization, with a proven track record in Conveyancing, Commercial/Corporate Law, and Bank Securities and Finance.
• Proven track record of providing accurate and effective legal counsel.
• Proven track record of adding value to an organization through the development of comprehensive contract documents that mitigate risk and penalties.
• Excellent relationship management and communication skills necessary for interaction with the Government agencies, the Judicial system and negotiating parties.
• Demonstrate knowledge of, and experience with, laws dealing with government and/or commercial contract administration, particularly contract negotiation, preparation and administration.
• Sound knowledge of applicable regulatory requirements, corporate governance practices and emerging trends and issues on the same.
• Excellent knowledge of reporting procedures and corporate record keeping.
• Ability to critically analyse and provide direction on compliance and governance issues. 
• Collaborative team player with strong negotiation, communication and dispute resolution skills.
• The jobholder needs to demonstrate the ability to build strong relationships with priority stakeholders.
• High personal and professional integrity and strong work ethics

• Entrepreneurial and business acumen skills.
• Assertive and a great relationship builder.
• High interpersonal skills and ability to interact with people from all walks of life.
• Excellent Drafting skills with great attention to detail.
• Ability to provide independent advice (orally and in writing) to senior level management on highly technical matters.
• Strong leadership and managerial skills.
• Demonstrate success in managing and conducting a variety of litigation matters.
• Good planning and organization skills.
• Proven ability to delicately solve sensitive matters.