Summary
Date Posted: Monday, November 14, 2022 , Base Salary: Not Disclosed

JOB DETAILS:
Scope of Work (SOW)
• Legal services and guidance are anticipated in areas to include but are not limited to:
• Support of project operations in country to include but not limited to services and guidance on the following topics (see Annex A for list of illustrative questions):
• Company operations, NGO registration, and general entity regulation laws
• Visa processing / expatriate and local based-US paid employee requirements
• Ongoing legal services and guidance related to: o Powers of Attorney
• Labour and Contract law
• Tax law – this includes but is not limited to the VAT registration for WOCCU Kenya
• Other areas of legal expertise, as needs arise
• Immediate availability. Typical response time within 24-48 hours of request(s) of request being sent by WOCCU. Candidate should be available to receive calls, address inquiries, and participate in meetings in established time zone and U.S. Eastern Standard Time (EST).
• Period of Performance
• The services agreement will be eligible for up to 12 months, with potential for annual renewal.

Qualifications
Interested candidates should be able to express the following through their application:
• Experience in supporting US-based organizations in start-up and/or ongoing management of multi-year donor-funded projects in country, experience through close-out highly desired
• Experience in advising organizations implementing projects funded by international donors, especially USAID
• Minimum 10 years of experience in legal services and activities, working with Ministry of Foreign Affairs, Kenya local and national governmental, registration, and permit offices, business registration service, micro and small enterprises authority and Kenya equivalencies for lawful employment, work, and rules and regulations.
• Significant ability to analyse and advice on tax status and/or manage legal issues related to taxation.
• Researching, interpreting, and draft legal opinions to advice judicial, state and/or federal US based entities, including but not limited risk mitigation, best practices Kenya vs. U.S., rules and regulations executive summaries, and general expertise scenarios for decision making
• Fully bilingual. English and Swahili language. Ability to communicate well in both languages
• Current registration to operate as practicing lawyer/attorney/advocate
• Current membership with the Law Society of Kenya.

 Submission Requirements
• Qualified candidates must submit the following information. Only applications addressing all SOW requirements and Qualifications will be considered complete for review:
• Executive summary detailing relevant work experience and portfolio of clients served
• Business overview, organization chart (as applicable), and resumes for proposed lawyers
• Business registration and/or credential memberships
• Proposed rate schedule, best and final offer, indicated in hourly or daily format. Unless explicitly noted within the proposed rate schedule, WOCCU will assume that the cost of materials and other incidentals is included within the proposed rate.

Work Hours: 8

Experience in Months: 132

Level of Education: Bachelor Degree

Job application procedure
• Should an application be selected for consideration, WOCCU will request contact information for 2- 3 references.
Submission Instructions
• Application materials should be submitted via email with the subject line “RFP/003/LS/2022” to TIFIopportunities@woccu.org 
• Bidders must include all relevant materials within your proposal. Failure to do so may result in the disqualification of your proposal. Should you have any questions, please feel free to contact TIFIopportunities@woccu.org  Deadline to Submit Application: First submissions due November 17, 2022; no later than 5:00 P.M., Eastern Africa Time (EAT), with additional submissions reviewed on a rolling basis for pending necessities
• ANNEX A The use of “firm” is for inclusivity and should be applied for individuals or established firms with multiple team members.
Registration
• What documentation is required for registration? How long of a process is this typically for NGOs?
• Best practices for decision making on types of registration for purposes of project office and its intended functions?
• What is the typical budget requirements for registration processing, management, and then potentially closing or lower registration status’?
• After the project has ended, is it advisable to suspend registration or to de-register? Why?
Employee Relations
• Please explain which benefits labor law requires be included in employment contracts?
• How much notice is required to terminate employee contracts?
• Can employees be fired for any reason, including project downsizing or poor performance, or can they only be fired for cause? If the latter, what constitutes cause?
• Are there specific rules and/or policies that you would advise be included in an employee handbook?
• Must WOCCU require employees under medical examination?
• Does your firm have experience drafting employment contracts that comply with local labor laws?
• Can your firm provide input to Employee Manuals and Office Policies guiding employment standards?
Taxes

• What are WOCCU’s tax liabilities beyond employee payroll deductions? What is the single social contribution tax and at what point during the project is it paid by WOCCU?
• What is the VAT registration status requirement for WOCCU operations in Kenya?
• What importation taxes would WOCCU pay to import goods into the country?
Banking
• Is WOCCU required by local laws to keep original receipts within country throughout the duration of the project or can they be shipped to HQ in the US monthly?
• Does your firm have experience in life cycle project banking – including setting up bank accounts, best practices for signing authorities, global management of account(s), closing accounts, and the like?
Visas and expatriate considerations
• Are work permits required with the long-term visa for family/spouse in order to work in Kenya? If so, what does that process require? How long would the process take to secure a long-term visa for expat employee and families? For how long would that visa be valid and is it renewable? Can your firm assist in the visa process as necessary?
• Will the expatriate be subject to the local jurisdiction’s labor laws, taxation, benefits, or other employment matters particular to the country? If so, what are the necessary steps to take to ensure compliance?
Others
• Based on your expertise, what laws must WOCCU keep in mind as it undertakes a search to lease commercial office space?
• Can you assist in reviewing office lease documents?
• If an employee chooses to purchase a vehicle in country, would that process be burdensome? If so, what steps must be taken? Is it easy to obtain international license plates?


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