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Terms of Reference: Legal Representative – Hivos East Africa

Annie Mpalume

Hivos East Africa is seeking the services of a legal firm to provide legal services to Hivos East Africa the year 2023 and 2024.

Scope of provision of legal services

The areas upon which legal services may be required include:

  1. Advisory opinions on employment and labor related matters, including hiring and separation of staff.
  2. To offer legal advice on best practices on termination including redundancy measures that protects the client from unnecessary litigation and penalties.
  3. Advise on changes in Labor Laws to ensure organizational compliance.
  4. Provide independent advice on contractual engagement between Hivos East Africa and various contractors.
  5. To review and advise on contracts (staff, consultants, vendors).
  6. Process work permits and handles immigration issues.
  7. Provide secretarial services and undertake company returns for Hivos East Africa.
  8. Draft and review of legal letters on behalf of Hivos East Africa
  9. To sign or witness on conclusion, termination, cancellation, or novation of lease agreements.
  10. To review or draft contracts, memoranda, and other legal documents for use by Hivos East Africa
  11. To represent Hivos East Africa before third parties, in relation to legal matters, including courts, arbitration tribunals, government agencies, and regulatory agencies.
  12. To institute civil or criminal actions against third parties on behalf of Hivos East Africa and to defend Hivos East Africa against any claims brought against them, including submitting written and/ or oral petitions, affidavits, and evidence to courts, tribunals, or regulatory agencies.
  13. To receive summons, legal notices, and similar documents on behalf of Hivos East Africa.
  14. General Legal Advice.

Prequalification and evaluation criteria

Mandatory requirements

  1. All bids submitted shall (mandatory) include copies of the following documents
  2. EOI response with all supporting documents
  3. A current LSK Membership Certificate
  4. Certificate of incorporation for the firm tendering/ Business Registration Certificate\
  5. Current Year Single Business Permit
  6. A valid tax compliance certificate from K.R.A
  7. Copy of professional indemnity

Technical requirements

1 – A score card will be used to evaluate the technical and financial requirements.

Proposal: The Bidder must demonstrate expertise and knowledge of the areas mentioned in the scope of services. Format should be as below for each scope provided.
a. Expertise
b. Knowledge
c. Structure of proposal

2 – Law firm experience: The law firm must have demonstrable experience in the area as set out in the specification requirements by providing a minimum of 3 reference letters.

Details of the service rendered are to be submitted in the below format:

  • Title of service rendered
  • Duration of service
  • No. of staff involved and their position in the law firm
  • Result of the legal services
  • Should not exceed A4 paper for each service/title demonstrated as per scope of services

3 – Resources experience: Detailed CVs indicating work done and years of experience must be submitted with below minimum requirements.

  • Lead Partner/Director – Minimum 10 years’ experience of post admission as an attorney for the area of specialization in the Kenya
  • Junior Attorney – Minimum 5 years’ experience post admission as an attorney
  • Bachelor’s degree in law or equivalent qualification from a recognized institution
  • Postgraduate Diploma in Legal Education from the Kenya School of Law
  • Should be an advocate of the High Court of Kenya with a current practicing certificate from Law Society of Kenya (LSK) for all partners and associates

4 – Financial requirements: A Financial proposal preferably submitted in Kenya Shillings or Euros. The financial proposal should indicate the professional fees and reimbursable costs (including all applicable Taxes).

How to apply

Interested firms should send their bids comprising of all the items listed above to procurement-ea@Hivos.org The email submission should have the title “Legal Representative – Hivos East Africa” as the subject line of your email response and should be submitted by COB 31st March 2023.

About Hivos

Hivos is an international development organization guided by humanist values. Together with citizens and their organizations, we aim to contribute towards just, inclusive and life sustaining societies where people have equal access to opportunities, rights and resources. We work in partnership with others in the Middle East, Africa, Asia and Latin America on three impact areas: Civic Rights in a Digital AgeGender Equality, Diversity and Inclusion, and Climate Justice. Our approach is solution driven, and we build wider movements for change by amplifying and connecting voices.

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Help us build and strengthen social justice movements, support change-makers who confront systemic oppression, and throw a lifeline to activists in danger.