The High Court in Nakuru has issued an order stopping all Kenyan public offices from engaging private law firms. Activists Okiya Omtatah and Dr. Magare Gikenyi filed the petition, arguing it is unconstitutional to use taxpayer money on external lawyers when qualified legal staff are available. The Law Society of Kenya has condemned the ruling.
The case was filed by Okiya Omtatah Okoiti and Dr. Magare Gikenyi J. Benjamin, who argue that hiring private lawyers drains public funds and contradicts principles of transparency and accountability. The court, under its judges, certified the matter as urgent and issued conservatory orders barring public offices from entering contracts with external advocates until the petition is heard and determined. It also directed the Controller of Budget and other public officers not to approve any payments for outside legal services during this period.
The order addresses key constitutional issues on public fund management and whether engaging private lawyers violates principles of fairness, competitiveness, and cost-effectiveness in the Kenyan Constitution. The petitioners seek a declaration that Article 156(7), which details the Attorney General's powers, does not permit government agencies to outsource legal work. They contend that the Attorney General and other public legal officers, such as State Counsels and County Attorneys, are adequate to represent public bodies in all matters.
If upheld, the order could bar counties, parastatals, and ministries from continuing long-standing arrangements with the legal profession. Critics warn that this court barrier might stall ongoing cases dependent on external expertise.
In response to the ruling, the Law Society of Kenya (LSK) swiftly condemned it, calling it "an ill-advised attack on the livelihoods of advocates." In a statement, LSK President Faith Odhiambo said the decision endangers a crucial sector of Kenya's economy supporting thousands of legal practitioners. She asserted that public bodies have the right to seek external legal help under the Office of the Attorney General Act and the Office of the County Attorney Act, both permitting public entities to hire private advocates when needed. She noted that all such contracts adhere to procurement rules and fee regulations under Kenyan law.
"We are shocked by this order, which deprives advocates across the country of the opportunity to serve the public," Odhiambo stated. "The legal profession is an essential part of the country's economic ecosystem, and this decision threatens to destabilise it." The LSK announced immediate plans for legal action to reverse the ruling, cautioning that it could sow confusion in public service and weaken access to professional legal support. The society insists that retaining private firms is sometimes unavoidable, particularly in complex or specialized cases.
The case returns to court on January 30, 2026, for an inter partes hearing where all parties will argue their positions. Respondents number over 70, including the Council of Governors, the Attorney General, all county governments, and several national agencies. Interested parties are the Office of the Auditor General, Office of the Controller of Budget, and Katiba Institute.