Provision of Legal Services

1. Background and Purpose

Concern Worldwide is an international non-governmental humanitarian agency that was founded in 1968. The organisation is dedicated to the relief, assistance and promotion of the most disadvantaged people in the less developed regions of the world and is based in Dublin, Ireland.

Concern Worldwide’s entity in Kenya (hereafter Concern) seeks to engage legal services, on an annual retainer basis, to ensure that:

• The organization is compliant with legal and regulatory requirements in:

  i. National legal requirements and obligations of any regulatory or government body to which Concern Worldwide is subject

  ii. Employment related matters to include reviewing of employment contracts; employment law requirements and obligations; and internal HR policies

  iii. Data Protection and privacy requirements to which the organisation is subject

  iv. Other matters that relate to the day-to-day operation of the organisation, as they may arise.

  v. Dispute resolution or litigation matters which arise

• In the course of provision of that legal advice draft and submit original copies of:

  i. Any applications or submissions to regulatory or governmental bodies

  ii. Written legal opinions, organisational policy documents and memorandums

  iii. Any papers, documents or agreements that arise in the course of court or dispute resolution proceedings

• Represent Concern Worldwide before any Court, Tribunal, dispute resolution body or other.

2. General Services

2.1 Labour Issues

2.1.1 Recommend and advise approaches to handling disciplinary issues and other legal matters related to employees

2.2 Review Contracts

2.2.1 Whenever requested by the Client, conduct a review of contracts that may include, but not limited to, staff contracts, leases for offices and residences, procurement of supplies/goods and services e.g. consultancy, construction contracts, etc.

2.2.2 Advise the Client on possible legal implications and/or contradictions with national legislation and recommend adjustments.

2.3 Legal Advice

2.3.1 Represent the Client in Court litigation, arbitration tribunals (out of court settlements), services for prior consultation and advice and other legal forums;

2.3.2 Provide legal advice including a written legal opinion where such opinion is required on the matter under query on their legality and validity in accordance with the laws of the country;

2.3.3 Provide legal counsel and negotiation services at the request of and in the interest of the Client;

2.3.4 Regularly update and share accurate advice that will enable the Client to avoid or mitigate litigation risks arising from its engagement with staff and other contractors;

2.3.5 Regularly update and advise the Client on labour, property, tax, bills or laws related to non-government organisations (NGOs) that may have a direct or indirect impact on the Client’s operations or impact on international Non-Governmental Organisations in general;

2.4 Specific Additional Services

2.4.1 In addition to the above general legal services, the legal representative may carry out the following specific tasks.

2.4.1.1 Property services, including lease review and negotiation, registration, etc.

2.4.1.2 Notary services for the purposes of authenticating documents, witnessing and proving signatures to documents, administering oaths, taking affidavits, drawing up Powers of Attorney and other legal documents.

2.4.1.3 Legal translation services.

2.4.1.4 Debt recovery.

Annex: Note on Legal Services

The legal services required by Concern in the conduct of its affairs are as follows:

• Contract Drafting and Negotiation: Assisting the NGO with reviewing contracts and agreements, such as partnership agreements, funding agreements, service contracts, memoranda of understanding (MOUs), and other legal arrangements necessary for the organisation’s operations.
• Intellectual Property Protection: Providing guidance on intellectual property matters and protecting the organisation’s intellectual property rights.
• Risk Management and Legal Due Diligence: Conducting legal due diligence to identify legal risks and ensure compliance with relevant laws and regulations. This may involve reviewing contracts, assessing legal and regulatory compliance, and providing recommendations to mitigate risks.
• Regulatory and Compliance Matters: Assisting the NGO in navigating complex regulatory frameworks, including obtaining necessary licenses, permits, and registrations to operate legally in different jurisdictions. This may also involve advising on compliance with anti-corruption laws, anti-money laundering regulations, and other relevant legislation including reviewing against the head office policies.
• Dispute Resolution and Legal Advocacy: Representing the NGO in legal proceedings, negotiations, and alternative dispute resolution methods. This may involve engaging in litigation, arbitration, or mediation to resolve disputes, protect the organisation’s interests, and advocate for the NGO’s objectives.

Concern Code of Conduct and associated policies

Concern has an organisational Code of Conduct (CCoC) with three Associated Policies; the Programme Participant Protection Policy (P4), the Child Safeguarding Policy and the Anti-Trafficking in Persons Policy. These have been developed to ensure the maximum protection of programme participants from exploitation, and to clarify the responsibilities of Concern staff, consultants, visitors to the programme and partner organisation, and the standards of behaviour expected of them. In this context, consultants have a responsibility to the organisation to strive for, and maintain, the highest standards in the day-to-day conduct in their workplace in accordance with Concern’s core values and mission. Any candidate offered a job with Concern Worldwide will be expected to sign the Concern Staff Code of Conduct and Associated Policies as an appendix to their contract of engagement. By signing the Concern Code of Conduct, candidates acknowledge that they have understood the content of both the Concern Code of Conduct and the Associated Policies and agree to conduct themselves in accordance with the provisions of these policies.