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TERMS OF REFERENCE

CONSULTANCY FOR PERFOMANCE OF LEGAL AUDIT

Introduction

The African Population and Health Research Center (APHRC) is a leading Africa-based, African-led, international research institution headquartered in Nairobi, Kenya, with a West Africa regional office based in Dakar, Senegal. APHRC conducts policy-relevant research on population, health, education, urbanization and related development issues in sub-Saharan Africa.

APHRC has considered it important to conduct a legal audit to establish the level of compliance to the relevant laws of Kenya, policies and regulations as more particularized below. This will help in identifying the gaps and areas that require review in order to enhance compliance and reduce legal risks (suits and or cases of inefficiency arising as a result of non-compliance or gaps within the operations).

The Center wishes to engage the services of a consultant to review all the operational areas to establish that they are compliant with the relevant laws, policies and regulations. The consultant will be required to provide the professional services necessary to undertake a comprehensive Legal Audit.

Specific Objectives

The consultant will be expected to be guided by the specific objectives set out below in carrying out the assignment.

  • Identify the extent of the Center’s compliance with the relevant laws, policies, guidelines and processes including, but not limited to, the Constitution of Kenya 2010, Companies Act 2015, Data Protection Act 2019 among others.
  • Evaluate the Center’s existing policies and procedures that support the legal and compliance functions to assess the extent of their compliance.
  • Produce an audit report indicating the level of compliance and the gaps identified that require interventions.
  • Propose mechanisms of enhancing compliance in order to address the identified compliance gaps especially through benchmarking.
  • Provide best practices with respects to all aspects of the operations of the Center.

Overall Scope of Work

The consultant will work within the TORs in accordance with the objectives set out to deliver quality output of this assignment which will include the following:

  • Review the extent of the organization’s compliance and effectiveness in complying with:
    • The Constitution of Kenya, 2010.
    • Policies and laws of Kenya relating to labour, occupational health and safety, tax, finance, procurement, data protection, corporate governance.
    • Any other policies and laws that may be relevant to or impact on the Center.
  • Submit reports of the audit findings and recommendations to the management and the Board.
  • Identify internal and external compliance requirements that will ensure that all the regulatory and reporting requirements are met by the Center.
  • Develop a compliance implementation framework that will ensure all regulatory and reporting requirements are met and that is in line with best practices and in agreement with the Center’s Strategic Plan and overall mandate.

Duration and conduct of Consultancy

  • The services will be conducted within a period of (3) three months from the date of execution of the contract by both parties.
  • The consultant shall agree with the Executive Leadership Team on the work plan, scope and the professional inputs for each of the reports and the reporting period.
  • The Consultant shall be required to submit a priced plan and/or budget indicating deliverables in line with the scope of work.
  • All reports, documents and outputs prepared by the consultant for this assignment shall become the property of APHRC and the consultant shall have an obligation to deliver such documents accompanied by their inventory upon expiration of the consultancy.
  • The consultant shall report to the Deputy Executive Director during the entire duration of the assignment.
  • A detailed reporting schedule and timelines will be discussed prior to the signing of the consultancy contract.

Qualifications and Competencies

Consultants shall provide the following:

  • Certificate of Registration/ Incorporation.
  • Company profile of the organization/firm.
  • Valid Tax compliance certificate.
  • Two years audited accounts for the most recent concluded financial years.

The minimum requirements of proposed professional staff are:

Lead Consultant

  • Evidence of at least five years of experience in the provision of Legal audit services.
  • A profile clearly indicating the years of experience.
  • Must be a holder of a Degree in Law or a related field.
  • Five (5) years’ experience (attach detailed CV indicating positions held, duration with firm and experience in Legal Audit services).
  • Demonstrated experience in the design and execution of the assignment.
  • Provide references from institutions that he/she has worked for in the past.
  • Excellent written and oral communication skills.

Other Key Consultants

  • Prior experience working on similar assignments.
  • Demonstrated experience in coordination and conduct of similar assignments.
  • University Degree in Law, Finance/Accounting, Business Administration or any related field (attach detailed current signed CVs).
  • Experience in Legal Audit services. Sections of experience in the attached CVs must indicate project details, duration of engagement, tasks undertaken and achievements.

Other Requirements

  • A confirmation that the team will be available throughout the duration of the assignment.
  • Copy of the CR12 form from the Registrar of Companies on the Registrar’s Letterhead, giving the list of directors (for companies).
  • At least 3 reference letters.

Methodology

The Consultant may adopt but not be limited to the following methodologies to deliver the objectives of the assignment.

  • Desk review of existing laws and documentation.
  • Formal and informal interviews.
  • Structured and unstructured questionnaires.

Deliverables

The Consultant will be expected to produce the following deliverables.

  • Inception report.
  • An inventory of compliance requirements one month after the inception report.
  • Interim Legal Audit Report.
  • Final Legal Audit Report.
  • A compliance enhancement proposal comprising of additional policies and procedures to strengthen the existing compliance measures.
  • Legal compliance matrix showing the relevant laws and the level of compliance with respect to each.

How To Apply

If you meet the criteria above and are interested in this opportunity, please email consultancies@aphrc.org  and a copy to procurement@aphrc.org  with the subject: Legal Audit Services 2021- Kenya.

Your application should reach us by April 15, 2021.

APHRC is an equal opportunity employer and is committed to the protection of vulnerable persons.

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