The Central Organisation of Trade Unions (Cotu) has welcomed the Nakuru High Court's temporary block on government institutions seeking legal services from private firms, calling it a misuse of public funds.
The Central Organisation of Trade Unions (Cotu) has backed a Nakuru High Court order that temporarily bars government bodies from hiring private lawyers, arguing it protects public resources and workers' interests. Secretary General Francis Atwoli highlighted how such outsourcing undermines in-house legal teams and drains budgets.
In a statement released on Wednesday, January 14, 2026, Atwoli explained that relying on private firms deprives state and county legal officers of job security and professional growth, even though they are trained and capable. He pointed out that exorbitant fees from private advocates burden public institutions, causing salary delays for employees, weakening social safety nets, and eroding service delivery.
"It is very unfortunate that, in most cases, fees payable to outsourced legal services by far outmarch the costs of development and salaries paid to workers in many public institutions," Atwoli stated.
He further described the practice as a gateway for corruption, with private law firms acting as conduits for graft in public entities. Atwoli urged institutions to consult the Office of the Attorney General for complex cases instead.
The decision, he said, will boost legal professionals' skills to meet market needs, improve accountability, and fight corruption. "Cotu (K) therefore fully supports the High Court’s intervention and the suspension of this practice pending full hearing and determination, and we endorse the call for the empanelment of an expanded bench given the substantial constitutional, financial, and labour implications involved," Atwoli added.
The ruling came on Monday, January 12, in a petition by activists Okiya Omtatah Okoiti and Dr. Magare Gikenyi J. Benjamin. They contend that using taxpayer money for external lawyers is unconstitutional when qualified internal staff are available. The court deemed the case urgent, issuing conservatory orders to halt such engagements until resolution and instructing the budget controller to block related payments.
