Legal Counsel, Digital Payment Services (Manager 2)

The role holder will provide advisory support to the Bank on new and emerging areas in the Banking & Payment Systems realm and will require close collaboration with various divisions and departments. As head of the legal function in the department, the role holder will consult periodically with the General Counsel on legislative, legal advisory matters as well as litigation-related matters.

Key Duties and Responsibilities

Strategic Responsibilities

• Provide legal advice on emerging risks and innovations particularly in relation to Banking and Payment Services to enable the Bank to make strategic legal and compliance decisions.
• Advice on review and development of legal and regulatory frameworks for institutions licensed by CBK.
• Contribute as appropriate to the performance of other functions and to the overall achievement of the department’s and Bank’s strategic objectives.

Technical and Operational Responsibilities

• Oversee the provision of legal and regulatory advice on various issues pertaining to functions of the department as may arise from time to time.
• Oversee the review of the legal and regulatory frameworks for payment service providers, payment system operators and payment systems generally.
• Oversee the review of the legal and regulatory frameworks that touch on banking generally.
• Provide timely and accurate legal opinions and advisory services to the various sections within the department on matters Banking and Payments.
• Monitor legislative activity and legal jurisprudence for regulatory and compliance changes that affect the bank in the short term and long term and advise on appropriate actions to be taken.
• Advise on market conduct and anti-money laundering issues and combating of financing of terrorism (AML/CFT) and oversee the development of the requisite legal and regulatory frameworks.
• Develop contract negotiation strategies and build capacity for contract negotiation.
• Actively participate and consult with management in the initiation and development of internal policies of the Bank for effective realization of the Bank’s strategic plan.
• Review and provide input for advice to management on legal implications of internal policies and procedures.
• Initiate policy proposals, amendments to legislative frameworks on banking and payments, corporate and financial sector laws.
• Manage review and drafting of required legislation or legislative amendments and regulations (both local and regional).
• Participate and engage under the guidance of management with key external stakeholders in policy and legislative development initiatives that have a direct bearing on the functions and mandate of the Bank.
• Examine, analyse, interpret and respond to routine written requests for advice/ legal opinions or assistance on legislation that affects the operations of the Bank/Departments within the Bank and the implications.
• Conduct research that will aid in providing advice to the various sections on the interpretation and application of legislation within the established regulatory policy frameworks.
• Participate in domestic and international legislative initiatives.
• Assist in legal interpretation of Primary Statutes, Bills, judicial/tribunal decisions.
• Manage and coordinate implementation of the department’s strategic goals and initiatives through development of section work plan and overseeing the development, setting, implementation and evaluation of individual performance targets for staff under supervision.
• Supervise and manage tasks administered to subordinate staff within individual section.

Other Responsibilities

• Participate in the formulation of key CBK strategic documents e.g CBK Strategic Plan, Banking Strategy as well as the National Payments Strategy Plan amongst others.
• Participate in ad hoc internal, external committees/working groups as may be assigned from time to time.
• Mentor, coach and mobilize the business teams to achieve division’s strategic goals and initiatives.
• Oversee training of new staff in the division on work procedures and internal policies to ensure effective client service.
• Supports the Director, Banking and Payment Services on day-to-day operational duties as and when required.
• Perform any other task as may be assigned from time to time.

Qualifications and Experience

• Bachelor’s Degree in Law from a reputable university.
• Diploma in Law from the Kenya School of Law.
• Certificate of admission to the Roll of Advocates of the High Court of Kenya and a current practicing certificate.
• Membership to a professional body (e.g., LSK).
• Minimum eight (8) years’ post qualification experience with at least five (5) years in a Financial Sector Regulator with active/progressive experience on Banking and Payments.
• Additional certification in law, banking, finance, economics, public policy, governance, management or similar fields is an added advantage.
• Master’s in Law is an added advantage.