LAWYER

1. Organization Background

Women Educational Researchers of Kenya (WERK) is a not-for-profit professional membership association founded in 1994 as an ad hoc group of women researchers in education and the social sciences. WERK strives to contribute towards the entrenchment of the principles of equity, justice & peace in Kenya for the betterment of the lives of girls and women, boys and men in Kenya by linking research to advocacy and action. Our activities are two prong: through our membership, we have established a track record in conducting rigorous, large scale, innovative & cutting edge research & applying it to advocacy & policy reform; and through our Secretariat, we are engaged in the implementation of evidence-based multi-year education action research projects which address access to education, equity in education, transition and completion strategies, learning outcomes, life skills and mentorship.

2. Objective

WERK seeks to hire the services of a lawyer/legal firm (on a retainer basis) to provide legal services to the organization on an ad hoc basis. Suitable firms and individuals of legal practitioners are hereby required to submit their intent to offer legal services for consideration.

3. Scope of work

The successful firms and/ or individuals scope of the assignment shall include but not limited to the following areas:

1. Rendering legal advice and legal opinion on the instructions issued;
2. Drafting of legal opinions, memoranda, and other legal documents and agreements.
3. Be actively involved in preparing and reviewing of policies and legal submissions and draft the authoritative legal opinions as well.
4. Advising on regulatory matters (incl. the applicable regulatory instruments), and regular updates on changes in relevant laws and regulations.
5. Represent WERK in court proceedings for any legal disputes, alternative dispute resolution forums i.e arbitration, Mediation, Negotiations etc. and in government agencies whether instituted by or against WERK.
6. Draw up formalities regarding the settlement of disputes and monitor the implementation of the legal clauses.
7. Provision of regulatory support and legal advice relating to either or collectively with regard to emphasis to Skills Development, Labour Relations, Employment Relations, Tax and Finance matters within the NGO sector and structured engagements with the government of Kenya.
8. Litigation and litigation support relating to areas as identified above including any other courts of law, statutory tribunals, and other bodies.
9. Providing legal opinion on the interpretation of high risk and complex contracts to be concluded by WERK and third parties taking into account all respective legislation.
10. Reviewing of any other related contract matters.
11. Litigation and dispute resolution
12. Recovery of litigation costs
13. Updating WERK on emerging legal issues;
14. Maintaining confidentiality of the organizations information and interests.
15. Any other legal services that WERK might require from time to time

4. Qualifications and Areas of Expertise

1. Legal and Regulatory Compliance especially NGO Sector.
2. Employment & Labour Law.
3. Commercial/Company Law.
4. Intellectual Property and patent protection.
5. Procurement law.
6. Sponsored, Funded / Financial terms- specifically NGO sector.
7. Insurance
8. General dispute resolution and/ or litigation.
9. General government relations.
10. Legal and Governance Audit.

NOTE: The Legal Service provider MUST specify their core areas of activities and specialization.

5. Mandatory requirements

1. Business registration documents for companies.
2. Law Firm profile and staff structure or profile of the individual legal officer.
3. Current Practicing Certificates.
4. Audited Financial Accounts for the last 3 consecutive year (in case of firms)
5. Proof that the bidder has been in existence and practice for a period of at least five (5) years prior to the closing date of this request.
6. Proof of membership to a professional legal body.
7. Copy of Tax Compliance Certificate.
8. List of at least five past clients with contact information.
9. Budget.