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STATE LAW OFFICE AND DEPARTMENT OF JUSTICE

STATE LAW OFFICE AND DEPARTMENT OF JUSTICE. Government Transactions Department. FUNCTIONS. The specific functions are Provide legal advice to Government in the negotiation of contracts and other commercial agreements

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STATE LAW OFFICE AND DEPARTMENT OF JUSTICE

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  1. STATE LAW OFFICE AND DEPARTMENT OF JUSTICE

  2. Government Transactions Department

  3. FUNCTIONS The specific functions are • Provide legal advice to Government in the negotiationof contracts and other commercial agreements • Draft, vet and review local and international contracts, financing agreements, memoranda of understanding and other business memoranda

  4. Functions cont. FUNCTIONS Cont’d • Transaction advise of Government projects including those under the Vision 2030 flagship projects such as loan negotiations, SGR, pipeline extension, LAPSSET, energy projects, water and sanitation, ICT, road construction, among many others • Advise MDAs on implementation of contracts to which the Government is a party or in which the Government has an interest

  5. Functions cont. FUNCTIONS Cont’d • Prepare legal opinions where they are a condition precedent to effectiveness of loan agreements from multi-lateral financial institutions • Advise on the privatization of Government-owned institutions and • Advise on all Government contracts before they are signed.

  6. Involvement of the OAG Involvement of Attorney General The nature of the Attorney General’s involvement will variously include: • the assessment of legal mechanisms necessary for project approval and implementation • contract negotiation, drafting and conclusions, review of contract compliance under the monitoring and evaluation stages.

  7. Stages of involvement Stages of Involvement The Attorney General must be involved from the analysis and selection stage and in all subsequent phases of project development to commissioning as follows: • Project Planning (including feasibility studies, investment strategies, generation and preliminary project screening) • Analysis (of marketing, financial, technical, legal, economic and ecological aspects) and selection (of best designs, cost framework, etc.)

  8. Stages of involvement Cont’d Stages of Involvement Cont’d • Financing (sourcing of project funds) • Implementation(which covers project and engineering designs, negotiations and contracting, construction, training of technical experts, review and monitoring of performance and commissioning).

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