Deputy Chief State Counsel

The Public Service Commission is recruiting a Deputy Chief State Counsel to provide senior legal services across civil litigation, legislative drafting, registrative services, justice and constitutional affairs, international legal matters, public trustee services and advocates’ complaints. The role is suited to an experienced legal professional with at least nine years of cumulative service, including three years at the Principal State Counsel, CSG 7, level or in a comparable and relevant position in the wider public service.

Key Job Information

• Job Title: Deputy Chief State Counsel
• Employer: Public Service Commission
• Minimum Experience: Nine (9) years of cumulative service
• Relevant Senior-Level Experience: Three (3) years at Principal State Counsel, CSG 7, or in a comparable and relevant position in the wider public service

About the Role

The Deputy Chief State Counsel may be deployed across several legal and administrative functions, including Public Law, Private Law, Specialized Courts, Field Services, legislative drafting, registrative services, justice and constitutional affairs, international law, government transactions, legal advisory and research, public trustee functions, and 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, excluding criminal proceedings.
• Develop, implement and review policies, legislation, guidelines, frameworks, regulations, plans, standards and programmes relating to civil litigation.
• Prosecute and defend public interest 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 involving parties other than the Government.
• Represent the National Government in alternative dispute resolution processes, including arbitration, conciliation, mediation, negotiations and adjudication.
• Draft, file and serve pleadings and court correspondence within prescribed statutory timelines.
• Defend public interest in proceedings before administrative bodies involving public property or Government institutions and initiate recovery of civil debts owed to Government.

Legislative Drafting

• Draft legislative proposals, subsidiary legislation and notices of appointment to public service, state corporation and constitutional offices.
• Advise Government Ministries, Departments and State Corporations on legislative and other legal matters.
• Undertake revision of laws under the Revision of the Laws Act, Cap. 1.
• Prepare the Finance Bill and liaise with the Government Printer on publication of Bills and subsidiary legislation in the Kenya Gazette.
• Prepare legal advisories supporting the passage of Bills in Parliament and develop legal instruments for regional and international organisations to which Kenya is a party.
• Undertake legal and policy research and support Business Process Re-engineering initiatives.

Registrative Services

• Register civil, Christian, Hindu, Islamic and customary marriages and divorces, issue marriage certificates and certificates of no impediment, and perform civil marriages.
• Publish notices of intention to marry, issue Registrar’s certificates and special licences, conduct relevant interviews and determine objections to marriage notices.
• License marriage officers and cancel licences where applicable, while confirming compliance with legal requirements before registration.
• Register or exempt societies, issue certificates, grant relevant permissions and undertake statutory processes concerning societies that cease to exist.
• Investigate offences under the applicable legislation governing societies and maintain relevant statutory registers and records.
• Verify, register and maintain published copies of books, newspapers and magazines, maintain registers and databases, and represent the Office of the Attorney-General in relevant legal and multi-agency forums.
• Receive and consider applications for grants of arms, examine designs, advise applicants, issue and register grants and certificates of arms, and maintain the relevant register.

Justice and Constitutional Affairs

• Develop and review policies, legislation, regulations, guidelines, strategies and programmes relating to human rights, fundamental freedoms and legal education.
• Advise Government and prepare legal opinions, briefs, Cabinet memoranda and statutory instruments on human rights, constitutional implementation, democratic governance, access to justice, ethics, integrity, anti-corruption strategies and economic crimes policy.
• Advise on the formulation and ratification of regional and international treaties, conventions, protocols and bilateral or multilateral agreements.
• Coordinate reporting obligations and country reports relating to Kenya’s international and regional legal commitments.
• Coordinate legal advisories to the Justice and Legal Affairs Committee to facilitate consideration of Bills in Parliament.
• Coordinate case analysis and monitoring of compliance with the rule of law, democratic governance, human rights and related legal frameworks.
• Coordinate Governance, Justice, Law and Order Sector secretariat services, inter-agency collaboration, reform programmes, joint review meetings, knowledge-sharing platforms and client satisfaction surveys.

Treaties, Agreement and Advisory

• Prosecute and defend Government matters in international arbitration and litigation and review pleadings and legal documents in such proceedings.
• Draft, vet, review and negotiate international instruments, treaties and agreements and advise on Host Country Agreements, Trade Related Agreements, Bilateral Investment Treaties and Avoidance of Double Taxation Agreements.
• Prepare and review reports to international and regional treaty bodies and organisations to which Kenya is a member.
• Coordinate legal advisories on Cabinet Memoranda, procurement contracts, financing agreements, commercial contracts, PPP agreements and other transactional documents.
• Advise Government institutions on the interpretation and implementation of the Constitution, laws, policies, contracts and international instruments.
• Conduct research and legal due diligence on emerging public finance, public procurement, PPP and transactional legal issues.
• Advise Ministries, Departments, Agencies, Constitutional Commissions, Independent Offices, County Governments and other arms of Government on legal matters.
• Coordinate capacity building for State Counsel, the annual State Counsel Colloquium, and pupillage and post-pupillage programmes.

Public Trustee

• Administer estates of deceased persons and manage Public Trustee beneficiary funds.
• Sign and seal transfer documents relating to movable and immovable assets and prosecute or defend succession matters in court.
• Preside over alternative dispute resolution in succession and trust matters and pass accounts in court upon completion of estate administration.
• Administer trusts for minors and persons living with mental disability, including management of beneficiary funds and trust instruments.
• Manage enemy property, wills and codicils, property of missing persons and estates of adults who are incapable of making decisions as considered by the court.
• Coordinate field services involving Deputy County Commissioners, County offices, the Judiciary and other stakeholders in relation to estates and trusts.
• Provide training and capacity building on succession and trusteeship and develop awareness programmes, databases and information-sharing platforms.

Advocates Complaints Commission (ACC) Secretariat

• Receive, review and investigate complaints against advocates, law firms and their members or employees.
• Conduct formal hearings and inquiries and refer complaints that do not disclose disciplinary offences to appropriate courts or other forums.
• Prepare legal opinions and advisories, maintain communication with complainants and advocates, summon witnesses and maintain complaints databases.
• Prepare and facilitate alternative dispute resolution sessions, draft settlement agreements and monitor compliance with ADR outcomes.
• Prepare affidavits of charge, prosecute advocates before the Disciplinary Tribunal and prepare periodic returns.
• Analyse judgments and prepare relevant documents for review, revision and related proceedings where necessary.
• Develop legal advisories and public education materials, conduct sensitisation programmes and legal aid clinics, and engage stakeholders on professional conduct and discipline of advocates.

Required Qualifications

• Cumulative service period of nine (9) years, three (3) of which must have been at the grade of Principal State Counsel, CSG 7 or in a comparable and relevant position in the wider public service.
• Bachelor of Laws degree from a university recognized in Kenya.
• 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.
• Certificate in a leadership course lasting at least four (4) weeks from a recognized institution.
• Demonstrated administrative and professional competence as reflected in work performance and results.

How to Apply

The supplied Public Service Commission vacancy does not provide an advert number, advert date, closing date or specific application instructions. Candidates should refer to the applicable Public Service Commission recruitment process for the position.