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Energy & Petroleum Regulatory Authority (EPRA) – Manager, Regulatory Services.

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MANAGER,  REGULATORY  SERVICES  (1  POSITION)  –  EPRA  JOB  GRADE  4

(PERMANENT & PENSIONABLE)

REF: VA/27/6/2022

Duties and Responsibilities

Litigation

  1. Coordinate the maintenance of court files records;
  2. Oversee the management of cases, ensuring that court proceedings summaries and incidental legal opinions are properly prepared and updated,
  3. Coordinate the collection of evidence that is to be used in court proceedings;
  4. Coordinate the court attendance arrangements in different courts;
  5. Coordinate the identification and pre-trial briefing of witnesses;
  6. Conduct court proceedings, present evidence, examine and cross-examine witnesses and experts, and argue motions;
  7. Manage all phases of the litigation from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes;
  8. Review details of the case and determine a strategy should the case make it to trial or advise the Authority about handling the case out of court;
  9. Review initial case investigation reports to determine if enough evidence exists to warrant filing a lawsuit;
  10. Engage in pre-litigation settlement discussions to attempt to resolve the matter before a lawsuit is filed;
  11. Engage in negotiations with opposing parties and sometimes participate in mediation and settlement meetings;
  12. Advise on expert evidence where required and assess written reports submitted by experts that will be used at trial or they might be called to testify at trial;
  13. Prepare for Appeals processes where necessary and identify and preserve issues for appeal, develop appellate strategies, gather evidence for the appellate record;
  14. Research on procedural issues, draft appellate documents, and present oral arguments before Appellate Courts;
  15. Advise on whether to seek services of senior advocates where the case is particularly significant or complex;
  16. Review draft agreements based on the settlement criteria agreed among parties;
  17. Review and analyze the probable outcomes of cases, using knowledge of legal precedents;
  18. Search for and examine public and other legal records to write opinions or establish ownership;
  19. Participate in the selection of a mediator or arbitrator depending on the nature of the case and the intended legal strategy;
  20. Meet with lawyers, police, and other officials in order to coordinate the proceedings of court matters;
  21. Participate in  the  preparation  of  the  Directorate’s  Quality  Management Systems;
  22. Participate in the development of the Directorate’s work plan;
  23. Appraise the performance of the staff on set annual targets; and
  24. Review the fees payable to external advocates in view of the status of the court proceedings.

Commercial

  • Coordinate the drafting of contracts, leases and other agreements between the Authority and third parties;
  • Coordinate the provision of legal advice and opinion to the various internal ad hoc-committee;
  • Coordinate the legal research on the topical issues relating to the energy sector;
  • Oversee the timely preparation of quarterly reports on the annual performance targets;
  • Administration of production sharing agreements or other contractual arrangements;
  • Supervise from the legal point of view and all activities associated with Contract Awards
  • Coordinate Governance and Legal Audits and preparation of reports;
  • Oversee the briefing of the Authority’s staff who are witnesses in court cases where the Authority is a party;
  • Coordinate the reporting on remedial actions undertaken by the Directorates/Departments subsequent to legal audit;
  • Coordinate the  preparation  of  quarterly  and  other  reports  from  the Authority’s external advocates;
  • Coordinate the preparation of the Directorate’s Quality Management Systems;
  • Coordinate staff training on; legal processes, procedures and other legal related topical issues;
  • Review draft contracts, leases and other agreements in relation to goods and services supplied to the Authority by third parties;
  • Provide advise during the review on Power Purchase Agreements’, electric generation licenses, wheeling agreements and other agreements submitted by regulated utilities;
  • Participate in the implementation of Directorates strategies, policies and procedures;
  • Advise on areas where gaps exist in the laws, regulations, codes, rules and manuals to enhance the regulatory mandate of the Authority;
  • Review draft Memorandum of Understandings between the Authority, government agencies and other institutions.
  • Review licenses and permits to ensure they are properly formulated and comply with the relevant law and regulations;
  • Participate in various ad hoc committees such as petroleum and gas licensing committee, electricity and renewable energy licensing committee among others;
  • Review quarterly and other reports required in relation to the Directorates’ annual work plan;
  • Participate and provide the necessary information during the preparation of the Authority’s annual financial report.
  • Review the Directorates’ risk register and monitor the implementation of proposed mitigation measures;
  • Review presentations on the Directorate’s role and other activities as may be required from time to time;
  • Review reports, documents, and other information to be submitted to the consultants during legal and governance audits;
  • Review Terms of References and information contained in tender documents when required during procurement process;
  • Review the Directorates’ process and procedures as per Quality Management System requirements;
  • Undertake staff appraisal on the basis of the set annual performance targets;
  • Review and analyse the terms and conditions of contracts, leases, policies, codes, standards, regulations and licenses, instruments of approval other legal documents with a view to ensure the Authority’s interest are safeguarded at all times;
  • Review Contracts and policy instruments for upstream petroleum among them non-exclusive licenses, Production Sharing contracts, ensure compliance with local content law and policy;
  • Propose rules and guidelines on the conduct of petroleum operations undertaking and advise on the application of all relevant laws;
  • Review and provide legal advice on procurement of fixed and non-fixed asset in line with the Procurement and disposal Act;
  •  Review and advise on the terms and conditions, propose necessary changes in line with modern regulatory practices of power purchase agreements, electric generation licenses and other network for effective regulation of utilities;
  •  Participate and render sound legal advice to regulatory, legislative and policy formulating teams in the energy sector through ad hoc committees as may be established by the Ministry of Energy;
  • Participate in the review of electricity tariff for the utilities and ensure the same comply with the policy and legal provisions;
  • Review the fees notes raised by external advocates prior to their processing;
  • Participate in the implementation of Directorates strategies, policies and procedures;
  • Participate during the Authority’s stakeholder engagements and make presentation as may be necessary from time to time;
  •  Review the law and advise on areas where gaps exist and make proposals on new regulations, codes, rules and manuals;
  •  Review the  risks  identified  the  legal  Directorate  and  monitor  on  the implementation of  the  recommended  measures  to  remedy  the  non- compliance; and
  • Participate in preparation of Board induction and training and taking Board minutes when required.

Qualifications

  1. At least eight (8) years relevant work experience, three (3) of which must be at a supervisory level;
  2. A Bachelor’s Degree in Law (LLB) from a recognized university;
  3. A Master’s Degree in LLB public administration or its equivalent from a recognized university
  4. Postgraduate Diploma in Law from a recognized institution;
  5. Admission as an Advocate of the High Court of Kenya
  6. Membership of the Law Society of Kenya in good standing;
  7. A certificate in management skills not lasting less than four (4) weeks from a recognized institution;
  8. Proficiency in computer applications; and
  9. Meet the provisions of chapter six of the Constitution of Kenya 2010.

APPLICATION REQUIREMENTS

Mandatory Requirements for all Positions

Applicants MUST provide the following documents on application:

  1. A Signed application letter;
  2. A detailed Curriculum Vitae indicating their current and previous employers, positions held, current and expected salary, level of education and names of at least three professional referees, two of which must be working in the current organization;
  3. Copies of academic and professional certificates;
  4. Copy of Birth Certificate; and
  5. Copy of National Identification Card.

Interested and qualified individuals are required to submit their applications through email Recruitment22@epra.go.ke not later than 5.00 p.m. on 31st July 2022, addressed to the undersigned:

The Director General,

Energy & Petroleum Regulatory Authority (EPRA),

P.O Box 42681 – 00100,

Nairobi.

EPRA is an equal opportunity employer. Youth, female candidates, Persons with Disability (PWD) and marginalized are strongly encouraged to apply.

ONLY   SHORTLISTED CANDIDATES WILL BE CONTACTED.

Shortlisted candidates will be required to avail original and copy of application letter, Curriculum Vitae; certified copies of the relevant academic and professional certificates; national identity card; birth certificate and valid clearance certificates from KRA; HELB; EACC; Credit Reference Bureau and Kenya Police as per chapter six of the Constitution during the interview.

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