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Commercial Lawyer (Transactions)
IFPPP/PPPD/TCL/2024-2025
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 capacity building initiatives of the PPP Directorate and sensitize Contracting Authorities and stakeholders on Kenya’s PPP legal framework.
DUTIES AND RESPONSIBILITIES
The Commercial Lawyer is expected to meet the above objectives by performing, without limitation, the following tasks:
- Verifying the compliance of legal requirements in transactions, project documents, and relevant processes.
- Providing legal input in PPP procurement processes, reviewing and drafting of transaction documents and related legal documents for proposed PPP projects.
- Assisting in the review of feasibility study reports for conformity with the PPP Act, the Government Contracts Act, Cap 23 Laws of Kenya and other legal requirements.
- Supporting Contracting Authorities in preparation and management of the PPP negotiations to commercial close.
- Providing support consistent with the PPP Act and supporting Regulations throughout the PPP procurement process.
- Providing support in the preparation and review of draft PPP Agreements and attendant contractual documents.
- Preparing post-contract negotiation documents or other requisite approvals.
- Preparing legal advice and opinions on legal matters.
- Assisting in the attainment of conditions precedent as prescribed in the project agreement.
- Providing transaction-related legal support to internal and external clients in the form of preparing, reviewing and negotiating agreements, expressions of interest or LOIs, mandates, independent consultancy agreements, term sheets, loan agreements, conditions to closing, and other related investment documentation.
- Reviewing documents and identifying issues and inconsistencies.
- Generally providing legal support to internal clients.
- Liaising with external counsel on transactional matters.
- Providing such other legal support on matters related to the transactions and the managing of external law firms as needed.
- Perform any other ancillary and associated tasks, including administrative tasks, as may be required.
SELECTION CRITERIA
- 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.
- Professional Certification in a PPP related field is an added advantage.
- Experience in PPP’s, Project Finance and/or Project Management.
- Knowledge of Government of Kenya procedures and operations.
- Minimum of 5 years of professional experience with a reputable law firm, financial or
- Governmental institution, including substantial experience in drafting and reviewing legal documentation, and coordinating or managing projects and innovative initiatives in the area of project finance.
- 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.
- 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.
- Independently, or with little supervision, take on straightforward transactions from start to finish, with the ability to work independently.
- Ability to advise teams on standard legal questions.
- Ability to understand complex legal issues in project finance and Government transactions and able to articulate arguments and rationale for the same.
DATA, LOCAL SERVICES AND FACILITIES TO BE PROVIDED BY CLIENT
- The PPP Directorate of the National Treasury, Kenya will provide full office accommodation in Nairobi, Kenya.
Environmental & Social Safeguards Expert
IFPPP/PPPD/ESS/2024-2025
OBJECTIVE OF THE ASSIGNMENT
The main objectives of the Environmental and Social Safeguards Expert assignment is to facilitate and ensure the integration of environmental and social safeguard requirements in PPP projects. This output is achieved through advisory expertise into the life cycle of the project. Compliance to environmental and public engagement regulations needs deep knowledge and understanding of the importance of these aspects in project delivery. Also advising the project team on the potential risks and how to mitigate those risks, is a critical input.
DUTIES AND RESPONSIBILITIES
The Environmental and Social Safeguards Expert is expected to perform the following tasks:
- Advisory services to contracting authorities, investors and donors.
- Facilitate engagement with authorities as and when required.
- Ensure consistency in the presentation of documentation.
- Participate in close out of projects.
- Oversee penalties that may be imposed on project partners.
- Regular review of instruments used on projects to measure environmental and social safeguard activities.
- Provide input to submissions for project approval to ensure all aspects of environmental and social impact are covered.
- Oversee environmental audits and close out of audit findings.
- Guide the technical team to reinforce and ensure adherence to requirements during project execution.
- Prepare quality reports for submission by the PPP Directorate.
- Coach and mentor team members on complex technical matters.
- Conduct continuous monitoring and evaluation.
- Participate in development of tender documents and contract specifications in relation to environmental and social aspects.
- Stay up to date on the latest environmental and social regulations and best practice.
- Any other duties that may be assigned from time to time.
SELECTION CRITERIA
- Undergraduate degree in social sciences / environmental sciences.
- Certificate in environmental studies/ social studies.
- Minimum 5 years’ post-qualification experience.
- A good grasp of Public Private Partnerships.
- Technical expertise of environmental and social safeguards instruments.
- Ability to understand the various E&S standards and how to navigate them.
- Business Report writing skills.
DATA, LOCAL SERVICES AND FACILITIES TO BE PROVIDED BY CLIENT
- The PPP Directorate of the National Treasury, Kenya will provide full office accommodation in Nairobi, Kenya.
Financial Analyst
IFPPP/PPPD/FA/2024-2025
OBJECTIVES OF THE ASSIGNMENT
The main objective of the role is to undertake financial modelling and support the structuring of project projects. This role entails data collection, analysis, research, financial modelling and reporting. Critical to this role is strong numeracy and financial modelling skills as well as an understanding of project financing.
DUTIES AND RESPONSIBILITIES
The Financial Analyst is expected to meet the above objective by performing, without limitation, the following tasks:
- Support the Director of Origination and Structuring in the identification of potentially viable projects.
- Origination & Structuring in the identification of potentially viable projects.
- Work closely with the Public Debt Management Office with regard to the analysis of fiscal commitments and contingent liabilities.
- Undertake the appraisal and structuring of project concepts through financial modelling.
- Prepare financial models to guide decision-making on projects.
- Ensure the maintenance of high environmental and social standards.
- Support in contract negotiations through financial analysis.
- Work closely with team members and other departments to ensure effective delivery of projects.
- Review project proposals as assigned by the Director Project Origination and Structuring or the Director General.
- Work closely with other departments to ensure effective delivery of projects.
- Any other tasks as assigned by the Director Project Origination and Structuring or the Director General.
SELECTION CRITERIA
- Undergraduate degree in economics, finance/banking, engineering or quantity surveying or related field.
- Minimum of 3 years of experience in project finance, financial statement or credit analysis, market research, economic analysis, valuations, deal structuring, corporate or project finance, engineering, or financial modelling required. PPP experience would be an added advantage.
- Experience working in investment banking, engineering consulting, management consulting or private equity preferred.
- Advanced analytical and financial modelling skills.
- Strong report drafting skills.
- Strong communication skills, including verbal, written and presentation skills.
- Detail oriented and work well under pressure.
- Critical thinking and problem-solving skills.
- Meets the requirements of Chapter Six of the Constitution.
DATA, LOCAL SERVICES AND FACILITIES TO BE PROVIDED BY CLIENT
- The PPP Directorate of the National Treasury, Kenya will provide full office accommodation in Nairobi, Kenya.
Project Officer
IFPPP/PPPD/PO/2024-2025
OBJECTIVE OF THE ASSIGNMENT
The Project Officer contributes to all phases of the PPP project cycle at the PPP Directorate, including project origination, structuring, execution, implementation and monitoring.
They will take responsibility for the tasks assigned to them by the Director, Origination & Structuring or other more senior members of the project team. These may include project management, undertaking comprehensive due diligence, including financial, market, integrity and policy compliance, liaising with external advisors and regulatory agencies, as well as effective post-closing implementation and monitoring
The Project officer carries out these tasks as part of a project team under the guidance of the Director, Origination and Structuring or under the supervision/guidance of more senior officers.
DUTIES AND RESPONSIBILITIES
The Project Officer is expected to meet the above objective by performing, without limitation, the following tasks:
- Work as a project team member on PPP transactions, contributing to all aspects of project structuring and execution, including comprehensive research and analysis of background materials, market information and financial performance data;
- Analyse and evaluate potential risks related to the proposed project, including analysis of financial information, preparing and updating financial models and financial projections;
- Provide a range of project management and support services, including preparation of reports and briefs, coordinating resources, maintaining project documentation and implementing and monitoring project plans, to ensure project outcomes are achieved on time, on budget, to quality standards and within agreed scope, in line with established agency project management methodology.
- Prepare and maintain project documentation for reporting, monitoring and evaluation purposes to ensure accessibility of quality information and contribute to the achievement of project outcomes.
- Communicate with key stakeholders and coordinate working groups, committees and consultations to facilitate accurate, relevant and professionally prepared exchange of information and support project completion in line with project plans.
- Source, collate and compile data and information to identify emerging issues and track and report on project progress against established milestones and deliverables.
- Undertake research and analysis, identifying trends and preparing project briefs, to support informed decision-making and planning.
- Project progress monitoring.
- Attending to all administrative matters of the projects assigned to them.
- Coordination of activities across client & stakeholder spectrum.
- Proactively support project identification efforts of the origination team, including supporting the identification of strategic contracting authorities and developers, supporting relationship management for strategic stakeholders in priority sectors.
- Work with the origination and structuring team to address emerging risks in the project portfolio and to capture learning that can translate into improved structuring of future projects.
- Continually build and maintain relationships with all relevant parties in project delivery; and
- Any other tasks as assigned by the Director, Project Origination & Structuring or by the Director General, PPP.
SELECTION CRITERIA
- Holds a bachelor’s degree in any business, engineering or related field from a recognized institution.
- Minimum 3 years’ experience in financial statement or credit analysis, market research, economic analysis, valuations, deal structuring, corporate or project finance, engineering, financial modelling or project management required.
- Key skills required for this role include project management, communication, research, analytical thinking, detail orientation, proactiveness and team orientation and problem-solving
- skills. Project finance or strong excel skills will be a bonus.
- Excellent communication skills – including written, verbal and presentation skills.
- Knowledge of Microsoft Office software. Intermediate to advanced Word, Excel and PowerPoint experience preferred.
- Meets the requirements of Chapter Six of the Constitution.
- Competent at facilitating meetings, including creating an agenda, documenting notes, and following up on action items.
- Work well under pressure.
- Meets the requirements of Chapter Six of the Constitution.
DATA, LOCAL SERVICES AND FACILITIES TO BE PROVIDED BY CLIENT
- The PPP Directorate of the National Treasury and Economic Planning, Kenya will provide full office accommodation in Nairobi, Kenya.
Legal Assistant
IFPPP/PPPD/LA/2024-2025
OBJECTIVES OF THE ASSIGNMENT
The primary objective of the assignment is to support the legal services function at the PPP Directorate and increase the capacity of the PPP Directorate in carrying out its mandate under the PPP Act 2021 of assisting 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.
DUTIES AND RESPONSIBILITIES
The Legal Assistant is expected to meet the above objective by performing, without limitation, the following tasks:
- Support the Legal team in conducting 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.
- Draft responses to routine correspondence, notes, and any other routine communications, as required.
- Work with the team in conducting final checks for accuracy of a variety of specialized documentation, legal publications, and related correspondence.
- Create, as necessary, and maintain files and databases, including by managing individual case files, maintaining and ensuring that all related correspondence and other documentation are appropriately filed, registered and followed-up within the Legal department.
- Maintain internal databases on cases for tracking and trend analysis; generate a variety of standard and non-standard statistical and other reports from various databases.
- Support the Legal office in the secretariat duties to the PPP Committee.
- Assisting the legal office in drafting of transaction documents, and related legal documents for proposed PPP projects; and
- Perform any other ancillary and associated tasks as may be required.
SELECTION CRITERIA
- Bachelor’s degree in laws (L.L.B) from a recognized institution.
- Knowledge of organizational legal framework, relevant legal processes, procedures and terminology for review, examination, preparation and processing of legal documents in Public Private Partnerships.
- 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.
- Ability to work well as a team member and 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 work with cross-functional teams; and
- Ability to show tact and discretion in dealing with high-ranking officials and with confidential matters and materials.
DATA, LOCAL SERVICES AND FACILITIES TO BE PROVIDED BY CLIENT
- The PPP Directorate of the National Treasury, Kenya will provide appropriate office space and enabling facilities (including computer) in Nairobi, Kenya.
Method of Application
NOTE:
- The appointments are on a three (3) year contract term and renewable subject to performance.
- Only shortlisted and successful candidates will be contacted.
- Shortlisted candidates shall be required to produce originals of their Identity Card, academic and professional certificates and transcripts during interviews.
- The successful candidate will be required to provide clearances from KRA, DCI, EACC, HELB and CRB.
EVALUATION CRITERIA:
CVs will be evaluated taking into account the following criteria: Academic and professional qualifications; Relevant experience; Professional and work experience as well as Communication and inter-p
Interested candidates fulfilling the required qualifications should submit their application documents (curriculum vitae with details of qualifications, experience, daytime telephone numbers, email address and names of three referees) clearly indicating the position applied for and vacancy Reference No. These should be emailed or sent to the address below on or before 13th May, 2024.
Postal Address:
Infrastructure Finance and Public Private
Partnerships Project,
Attention: Procurement Expert
P.O. Box 30007 –00100
Nairobi, Kenya.
Telephone No: +254-20 3225000
Physical Address:
Public Private Partnerships Directorate
Attention: Procurement Expert
6th Floor, Re-insurance Plaza,
Building No. 4 Aga Khan Walk/Taifa Road
Nairobi, Kenya.
E-mail: recruitment@pppunit.go.ke