Background information about the job or company (e.g., role context, company overview)

SBM Bank Kenya is a leading and trusted financial institution with an international footprint, headquartered in Mauritius and positioned to offer an unprecedented banking experience in Kenya to niche Retail, SME and corporate clients. Following approval by the Central Bank of Kenya, the bank started its operations in Kenya in May 2017 and currently h...

Responsibilities or duties

The job holder will be responsible for ensuring that the Bank’s interests are safeguarded and secured from legal and contractual liability. They are responsible for the effective and efficient management of potential and ongoing Debt Collection litigations filed by and against the Bank, provision of sound legal advisory and the management of related legal risks. Also assist in conducting legal research and reviewing of existing and new statutes as well as advising on the new legal issues arising to ensure statutory and contractual compliance by the Bank.

Qualifications or requirements (e.g., education, skills)

Should have an in-depth understanding of the court process

Should have knowledge and be able to conduct alternative dispute resolution mechanisms.

In depth knowledge of regulatory legislation affecting financial institutions.

Knowledge of the provisions of the Companies Act, the Banking Act, Central Bank of Kenya Act, Civil Procedures Act, Capital Markets Authority Act, the Retirement Benefits Authority Act and all the relevant laws

Experience needed

6 years

Any other provided details (e.g., benefits, work environment, team info, or additional notes)

Job Type: Full Time

Qualification: BA/BSc/HND , MBA/MSc/MA

Location: Nairobi

Job Field: Law / Legal

• Defending and managing cases filed by and against defaulting debtors, pursuing alternative dispute resolution mechanisms and coordinating with external counsel on resolution of cases and recovery of claims.
• Managing potential litigations and overseeing cases filed by and against the Bank and coordinating with external counsel and cross functional departments on the resolution of the claims.
• Pursuing arbitration or alternative dispute resolution (ADR) mechanisms like mediation or negotiation to resolve legal disputes.
• Preparing legal documents, conducting legal research, collating evidence and facilitating preparation of in-house witnesses for pre-trial and hearing, prepare legal briefs and opinions in liaison with the external counsel.
• Maintaining accurate records of all legal matters and disputes and updating the litigation tracker on ongoing litigations being handled by external counsel on behalf of the Bank and providing reports as may be required.
• Update database of all non-debt recovery litigation to ensure the same is consistently updated and provide reports as may be required.
• Ensuring proper filing of and custody of legal documents, agreements and correspondence.
• Scrutinize fee notes raised by external counsel to ensure they are raised in accordance with our Service Level Agreement (SLA).
• Handling & exchanging daily correspondence with Branches & other Departments of the Bank
• Maintaining & constantly updating a record of the Bank’s Litigations and status thereof
• Issuance of demand letter and Statutory notices to customers.
• Training staff on Debt Collection, Securities and other matters of a legal nature in liaison or collaboration with external counsel.
• Represent the department in certain meetings when called upon and as delegated from time to time.
• Any other duties as assigned from time to time.
• Conducting workshops for specific needs of business units
• Representing the DRU & Special Assets Department in Company projects that require legal input.
• Responsible for providing legal counsel to the DRU & Special Assets team, participating in strategic initiatives, providing subject matter expertise (in particular, on credit, insolvency and bankruptcy issues) and interpretations of relevant laws, rules, regulations, and industry practices, and advising business management on legal matters impacting the business
• Provides legal support to DRU & Special Assets in its evaluation of distressed situations, including assisting in overall strategy and review of credit/collateral documentation
• Working with the DRU & Special Assets Team for the recovery and collection of a portfolio of Non-Performing Loans and ensure the bank gets back monies owed
• In liaison with Head of legal, instructing external lawyers to sue for recovery of outstanding debts if unsecured or when appropriate
• Developing and implementing effective defense strategies, arguments and testimony in preparation for legal proceedings of cases in liaison with external lawyers and assist in the preparation of the required pleadings and regularly update the litigation report. Constant evaluation and monitoring of the Litigation turnaround time (TAT) and liaising with the Company’s external Lawyers in this regard. Attend the Court hearings of critical cases filed by and against the Bank
• Assist in drafting and reviewing bank-wide legal related documentation for use by the Company including loan securities, leases and contracts, and constant evaluation & monitoring of the agreements that the Bank is party to mitigate legal risk of non-compliance with continuing obligations
• Providing legal advisory services to the DRU & Special Assets and guiding the team in ensuring implementation of the legal requirements.
• Liaising with investigators, valuers, debt collectors & external lawyers on debt collection, and instructing external lawyers to sue for recovery of outstanding debts if unsecured or when appropriate, and when required, representing the Bank in courts, tribunals arbitrations & other legal fora
• Monitoring and following up on emerging legislation as well as advising the Bank on the impact of existing and newly enacted legislation on the Bank’s overall activities, and providing guidance to management and the Bank on the law, legal matters, rules and regulations affecting the Bank, its projects and its operations and ensuring legal compliance thereof
• Periodically assess the advocate’s performance against the SLA signed between the Bank and the Advocates.
• Training and capacity building fora for SBM Bank staff members, and managing legal opinions and FAQs to staff
• Providing strategic legal advice on a range of legal issues impacting the Bank including analyzing, identifying and advising on legal risks
• Ensuring that customer KYC processes and account transactional legal issues (searches on institutions, advisory on account opening KYC processes and documents, etc) have been well undertaken.
• Ensuring compliance with applicable laws, regulations and internal policies and staying updated on legal and regulatory changes
• Render legal guidance to Corporate and Retail units on matters relating to bank policies, processes and procedures on all queries received with a view to mitigating legal and reputational risks.
• Create legal awareness to the various business units of the Bank on major legal reforms and emerging legal areas affecting the usual banking business.

• In-depth understanding of the court process
• Knowledge and ability to conduct alternative dispute resolution mechanisms
• In-depth knowledge of regulatory legislation affecting financial institutions
• Knowledge of the Companies Act, the Banking Act, Central Bank of Kenya Act, Civil Procedures Act, Capital Markets Authority Act, the Retirement Benefits Authority Act and all relevant laws

• BA/BSc/HND
• MBA/MSc/MA