Provision of Legal and Advisory Services At Handicap International – Humanity & Inclusion

TERMS OF REFERENCE

PROVISION OF LEGAL AND ADVISORY SERVICES

CONTEXT

HI KENYA intends to engage the services of a legal firm to provide legal and advisory services to the organization

DESCRIPTION OF THE EXPECTED SERVICE

The contracted Law Firm is to provide the following services: –

• Legal Advisory: ensure HI is fully compliant with Kenyan Law and with all specific legal requirements that apply to the organization; review all documents and policies that govern the organization that may have legal implications.
• Render legal advisory services on issues including but not limited to employment, tax matters including exemptions, PAYE, corporate tax, VAT, Stamp duty and related matters to ensure statutory compliance and international charters and service /purchase agreements with external vendors;
• Regulatory Operational Compliance; evaluate and adequately advise in support of the organization’s compliance by the organization with laws regulating its operations as and when the need arises;
• Draft contracts and design legal instruments as may be required by the organization;
• Upon request, review new contracts before they are signed in line with the relevant legal provisions;
• Review and update documentation to standards of legal proceedings and interpret legislation and regulations governing HI;
• Disputes Resolution; handle and represent the organization in any litigation and Alternative Dispute Resolution;
• Represent HI in Court, in industrial court proceedings, arbitration proceedings and advise and arrange out of court proceedings where necessary.
• Attend to all civil actions in the Magistrates Courts, High Court, Court of Appeal and the Supreme Court of Kenya
• Undertake debt recovery where necessary in line with legal provisions
• Land matters; Tenancies and leases and related matters; Acquire legal rights in property
• in which the organization has interests in line with the legal provisions
• All aspects of conveyancing law including but not limited to the preparation and review of leases for office and residential premises;
• Handle any other legal matters as the need may arise as advised to you by us from time to time.

SCOPE AND TARGET

The Consultancy will be conducted in Nairobi and may entail travel to areas outside Nairobi as directed by the courts

CONSULTANT’S PROFILE

• An established Law Firm
• Experience working with local firms to ensure compliance with the Kenya law and legal regulations
• Experience in training staff on various legal matters
• Excellent communication and written skills in English and knowledge of local laws.

DURATION AND PLACE OF PERFORMANCE OF THE SERVICE

The maximum time frame for this assignment will be for one year and a further one year extension subject to performance from the date of commencement. The service shall be carried out from Nairobi office unless required otherwise.

WORK PLAN

• Based on the proposed assignment the time line shall be agreed upon by the consultant and HI .

REPORT

• A preliminary report and updates on the matters being handled is to be submitted to management on a regular basis.

CONTACT PERSON

• During the performance of the service, the consultant will be required to work in liaison with Handicap International’s teams, and notably with the Caroline Aseto – Regional HR Manager

BUDGET CODES

D41_001/NAIR/TA38/FD41_999/TA38_17

APPENDICES

Willingness to adhere to Handicap International’s Federation institutional policies (Prevention and fight against corruption, Child Protection, Protection of Beneficiaries against sexual abuse and harassment). Available on the website: https://hi.org/en/institutional-policies.

EVALUATION

Application documents submitted will be evaluated in three (stages);

General Mandatory Evaluation Criteria

For firms or institutions

• Certificate of Registration
• Trade license Certificate/ Business Permit
• PIN/VAT Registration Certificate
• Current Tax Compliance Certificate

For Individuals

• National ID
• Relevant certifications
• PIN/VAT Registration Certificate
• Current Tax Compliance Certificate

Technical Capacity Evaluation

Profile and experience of the company:

1. The firm should have proven expertise and experience in undertaking the service delivery. Attach three reference letters
2. Provide list of assignments undertaken similar scope of work within the last 2 years along with names of clients (including contact person, email contacts, Postal address and telephone numbers – this must include the three referees provided above)

Professional/technical capacity/ capability

1. The proposed staff should have relevant experience and professional qualifications in the relevant field

Financial Evaluation

At the Financial stage, the Lowest Competitive Evaluated bidder and within budget estimates will be considered for the award of the contract.