Chief State Counsel

The Public Service Commission is recruiting a Chief State Counsel to provide senior legal leadership across civil litigation, legislative drafting, registrative services, justice and constitutional affairs, treaties and agreements, public trustee services, and advocates’ complaints functions. The role is suited to an experienced legal professional with at least 12 years of cumulative service, including three years at Deputy Chief State Counsel, CSG 6, or in a comparable and relevant position in the wider public service.

Key Job Information

• Job Title: Chief State Counsel
• Employer: Public Service Commission
• Experience Required: Yes
• Minimum Experience: 12 years cumulative service, including three years at Deputy Chief State Counsel, CSG 6 or a comparable and relevant position in the wider public service

About the Role

An officer at this level may be deployed across different functional areas within the Office of the Attorney General. Depending on deployment, responsibilities may cover civil litigation, legislative drafting, registrative services, justice and constitutional affairs, treaties, agreements and advisory, Public Trustee services, or the Advocates Complaints Commission Secretariat.

Key Responsibilities

Civil Litigation

• Represent the National Government in public interest cases before national and regional courts, tribunals and other legal proceedings involving the Government, other than criminal proceedings.
• Develop, implement and review policies, strategies, legislation, guidelines, frameworks, norms, regulations, plans, standards and programmes relating to civil litigation.
• Prosecute and defend public interest court cases, including appeals and petitions, on behalf of the Government.
• Provide legal expertise and protect public interest by appearing as amicus curiae in civil proceedings to which the Government is not a party.
• Represent the National Government in public interest matters before Alternative Dispute Resolution forums, including arbitration, conciliation, mediation, negotiations and adjudication.
• Spearhead drafting, filing and service of pleadings and court correspondence within prescribed statutory timelines.
• Coordinate preparation of legal briefs on court matters.

Legislative Drafting

• Coordinate delivery of legislative drafting services.
• Supervise drafting of legislative proposals and subsidiary legislation.
• Supervise drafting of notices of appointment to offices in the public service, state corporations and constitutional offices.
• Coordinate preparation of the Finance Bill.
• Render legal advice to Government Ministries, Departments and State Corporations on legislative and other legal matters.
• Coordinate revision of laws under the Revision of the Laws Act (Cap. 1).
• Liaise with the Government Printer to ensure publication of vellum copies of Bills and subsidiary legislation in the Kenya Gazette.

Registrative Services

• Coordinate registration of civil, Christian, Hindu, Islamic and customary marriages and divorces.
• Coordinate development, implementation and review of laws, regulations, policies, rules, guidelines, strategies, standards, frameworks, plans, programmes and procedures in the department.
• Coordinate publication of notices of intention to marry and issuance of Registrar’s certificates and special licences where applicable.
• Coordinate performance of civil marriages and ensure issuance of marriage certificates for registered marriages.
• Coordinate registration and exemption of societies and ensure maintenance and updating of the register of societies.
• Conduct audits and investigations to ensure registered societies comply with the Societies Act (Cap 108).
• Spearhead receipt, registration and maintenance of published copies of books, newspapers and magazines.
• Coordinate maintenance of registers, databases, libraries and resource centres relating to registered publications.
• Prosecute and defend suits filed against the Registrar of Books and Newspapers.
• Consider applications for grants of arms, examine designs, coordinate issuance and registration of grants and certificates of Arms, and liaise with relevant stakeholders on registration of heraldries.

Justice and Constitutional Affairs

• Spearhead development, implementation and review of policies, legislation, regulations, guidelines, strategies, frameworks, norms, plans, standards and programmes relating to human rights, fundamental freedoms, legal education, constitutional implementation, democratic governance and access to justice.
• Advise the Government on human rights, fundamental freedoms, legal education, constitutional implementation, democratic governance and access to justice.
• Coordinate preparation of legal opinions, legal briefs, Cabinet memoranda and statutory instruments.
• Advise on formulation and ratification of regional and international treaties, conventions, protocols and multilateral and bilateral agreements to which Kenya is a party.
• Lead coordination of reporting obligations and country reports to regional and international treaty monitoring bodies.
• Coordinate legal advisories to the Justice and Legal Affairs Committee to facilitate passage of Bills in the National Assembly and Senate.
• Coordinate dissemination of reports, findings and recommendations of treaty monitoring bodies.
• Monitor and promote compliance with the rule of law and protection of human rights.
• Undertake capacity building, civic education and awareness on human rights, fundamental freedoms and legal education.
• Oversee GJLOS secretariat services, inter-agency coordination, reform programmes, joint review meetings and related knowledge-sharing initiatives.

Treaties, Agreement and Advisory

• Oversee legal advice on Cabinet Memoranda.
• Coordinate drafting, vetting, review and negotiation of local, regional and international documents, agreements and treaties for and on behalf of MDAs.
• Coordinate interpretation of local, regional and international documents, agreements and treaties.
• Oversee negotiation and legal advice on Host Country Agreements, Trade Related Agreements, Bilateral Investment Treaties and Avoidance of Double Taxation Agreements.
• Lead prosecution and defence of Government matters in international arbitration and international litigation.
• Oversee drafting of legal opinions and pleadings in international arbitration and litigation matters.
• Oversee negotiation and drafting of procurement contracts, financing agreements, commercial contracts, PPP agreements and other transactional documents.
• Provide legal advisories to MDAs on procurement, public finance, public-private partnerships and other transactional matters.
• Coordinate legal research on emerging issues relating to public finance, public procurement and public-private partnerships.
• Advise MDAs, Constitutional Commissions, independent offices, the Judiciary and Parliament on legal matters and coordinate legal and policy research.

Public Trustee

• Administer estates of deceased persons and manage Public Trustee beneficiary funds.
• Sign and seal transfer documents relating to movable and immovable assets of estates.
• Prosecute and defend succession matters in court.
• Coordinate passing of accounts in court upon completion of estate administration.
• Administer work injury benefits and accident compensation funds relating to deceased persons.
• Manage custodianship of the Public Trustee seal and original documents relating to estates.
• Administer trusts for minors and persons living with mental disability.
• Sign and seal trust instruments and prosecute and defend trust matters in court.
• Coordinate custodianship of wills and codicils and manage property of missing persons.
• Preside over Alternative Dispute Resolution in trust matters and maintain databases relating to trusts administered by the Public Trustee.
• Coordinate administration of estates by Deputy County Commissioners acting as ex-officio agents of the Public Trustee.
• Undertake training and capacity building on succession and trusteeship and coordinate management of relevant properties and beneficiary funds.

Advocates Complaints Commission Secretariat

• Develop, implement and review policies, strategies, legislation, guidelines, frameworks, norms, regulations, plans, standards and programmes.
• Receive, review and investigate complex complaints against advocates, firms of advocates and their members or employees.
• Design and facilitate mechanisms for formal hearings and inquiries by the Commission.
• Lead teams providing legal opinions and advisories on complaints under review and investigation.
• Subject complaints to Alternative Dispute Resolution sessions and monitor compliance with settlement agreements.
• Prosecute advocates before the Disciplinary Tribunal and submit periodic reports.
• Undertake research to support the Commission’s strategic objectives.
• Prepare legal advisories on legislation, policy and international instruments concerning professional conduct and discipline of advocates.
• Lead public sensitization programmes, legal aid clinics, stakeholder forums and guest lectures.
• Provide advice on legal aspects of the Commission, its regulations and other relevant legal statutes.

Required Qualifications

• A cumulative service period of 12 years, including at least three years at the grade of Deputy Chief State Counsel, CSG 6, or in a comparable and relevant position in the wider public service.
• A Bachelor of Laws degree from a university recognized in Kenya.
• A Master of Laws degree from a university recognized in Kenya.
• A Postgraduate Diploma in Law from the Kenya School of Law.
• Admission as an Advocate of the High Court of Kenya.
• Registration as a member of the Law Society of Kenya and good standing.
• A certificate in a leadership course lasting at least four weeks from a recognized institution.
• Demonstrated managerial, administrative and professional competence as reflected in work performance and results.

How to Apply

The supplied vacancy does not provide the advert number, application deadline, specific application procedure or application link. Candidates should refer to the Public Service Commission’s official recruitment information for the applicable application instructions.