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.
This involves:-

1. Coordination of preparation of Board agenda and papers by Heads of     Departments and Sections and arrangement of Board and Board    Committee Meetings.
2. Attending Board meetings and communicating resolutions of the    Board to the Heads of Departments and Sections for timely action.
   
3. Preparation of Minutes of the Board in a timely manner and ensure their circulation.
   
4. Forwarding the confirmed Minutes to the Hon. Minister for Roads.
   
5. 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.