Legal and Corporate Affairs Department
The Legal and Corporate Affairs Section is one of the Sections within Kenya National Highways Authority (KeNHA).
The Manager, Legal & Corporate Affairs, who reports to the Director General heads the Legal & Corporate Affairs Section.
The mandate of the Manager, Legal and Corporate Affairs includes:
I Advising the Board on all legal matters that may arise in the development of its business and corporate affairs.
II The Manager, Legal & Corporate Affairs plays a key role in assisting the Director General in his statutory role as the Secretary to the Board of Directors of the Authority. To this end, the Legal and Corporate Affairs Section provides Company Secretarial services to the Board.
- Coordination of preparation of Board agenda and papers by Heads of Departments and Sections and arrangement of Board and Board Committee Meetings.
- Attending Board meetings and communicating resolutions of the Board to the Heads of Departments and Sections for timely action.
- Preparation of Minutes of the Board in a timely manner and ensure their circulation.
- Forwarding the confirmed Minutes to the Hon. Minister for Roads.
- Custody of:
(a) All original Legal and Statutory documents.
(b) The Authority’s Seal.
(c) Records of the Board meetings/reports etc.
III. In addition to providing advice to the Authority, the Manager, and Legal & Corporate Affairs also participates in development of the Authority’s Polices to ensure that they are in accord with the existing legislation.
IV. The Section provides legal services on a wide range of issues concerning the impact of related existing legislation to the Authority’s mandate as provided in the Kenya Roads Act, 2009 and corporate activities.
V. The Section is responsible for ensuring that the Authority has the appropriate structures and programs in place to operate within the highest ethics, compliance and corporate governance practices through management of the following aspects of the compliance function:
• Monitoring compliance with regulatory and legislative requirements;
• Participating in the establishment of a Risk Management Framework and Policy;
• Performing regulatory risk assessment;
• Coordinating compliance training for the Authority and advising on ad hoc compliance issues.
VI Provision of day to day legal and regulatory support to the Department/Section Heads and assisting them in their functions covering general compliance queries and reviews, drafting documents such as contracts and side letters, desk based monitoring etc.
VII Provision of Legal Support to all Departments/ Sections by:
Drafting, reviewing and approving agreements and contracts such as Service Level Agreements, Contracts for supply of goods and services, Road Maintenance Contracts etc.
VIII Participation in review of the Authority’s policies and procedures to ensuring that the Authority remains compliant with all relevant regulation and law and has taken reasonable steps to protect itself and its employees from criminal or civil liability.
VIII Liaising with external lawyers on all cases filed against the Authority to ensure instructions, witnesses and statements are procured on time.
IX. In addition to the above, the Work Plan on the Transition of Road functions from the Ministry of Roads to KeNHA envisaged the following actions to be undertaken by the Manager, Legal & Corporate Affairs:
TRANSFER OF ASSETS AND LIABILITIES
The transfer of road related assets from the existing agencies to the Road Authorities will require;
• Setting up of a secure contract records office
• Capture of key contract data and information as projects are transferred.