Kenyan Court Freezes Use of Private Lawyers by Government, Sparks Nationwide Legal Storm
A major legal shake-up is unfolding in Kenya after the High Court issued a temporary order stopping all public institutions from hiring private law firms, a decision that could redefine how governments across Africa manage legal services and public spending.
The ruling was delivered by the High Court sitting in Nakuru on Monday, January 12, following a petition filed by activists Okiya Omtatah Okoiti and Dr. Magare Gikenyi J. Benjamin. The two argued that it is unconstitutional for government institutions to spend public funds on private advocates while already employing qualified public legal officers.
According to the petitioners, the routine outsourcing of legal work to private law firms places an unnecessary burden on taxpayers and undermines constitutional principles of accountability, transparency, and prudent use of public resources.
The court certified the matter as urgent and issued conservatory orders barring ministries, counties, parastatals, and other public offices from engaging external lawyers until the case is fully heard and determined. In addition, the court directed the Controller of Budget and other relevant public officials not to approve or process payments related to private legal services during this period.
In its ruling, the court noted that the case raises serious constitutional questions, particularly on whether hiring private advocates violates principles of fairness, competitiveness, and cost-effectiveness as required under Kenya’s Constitution when managing public finances.
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- Kenyan Court Freezes Use of Private Lawyers by Government, Sparks Nationwide Legal Storm
The petition names more than 70 respondents, including the Attorney General, the Council of Governors, all county governments, and several national agencies. The Office of the Auditor General, Office of the Controller of Budget, and Katiba Institute were listed as interested parties.
The petitioners further asked the court to interpret Article 156(7) of the Constitution, arguing that it does not permit government agencies to outsource legal representation. They maintain that the Attorney General, State Counsels, and County Attorneys are adequately equipped to handle all legal matters on behalf of public institutions.
If the court ultimately upholds the order, it could bring an abrupt end to long-standing arrangements between government bodies and private law firms, potentially disrupting ongoing litigation and altering the legal services market. Some critics warn that complex cases requiring specialised expertise could be delayed.
The decision has already triggered a strong reaction from the Law Society of Kenya (LSK), which condemned the ruling and warned of serious economic consequences for the legal profession.
Reacting to the decision, LSK President Faith Odhiambo said the ruling was harmful to advocates who depend on public sector briefs for their livelihoods.
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“We are shocked by this order, which deprives advocates across the country of the opportunity to serve the public,” Odhiambo exclaimed. “The legal profession is an essential part of the country’s economic ecosystem, and this decision threatens to destabilise it.”
She argued that existing laws, including the Office of the Attorney General Act and the Office of the County Attorney Act, allow public institutions to hire private lawyers when necessary, provided procurement rules and fee regulations are followed.
The LSK has announced plans to challenge the ruling, warning that it could create uncertainty in public service delivery and limit access to specialised legal expertise.
The case is scheduled to return to court on January 30, 2026, when all parties will present their arguments in an inter partes hearing, a session that could have far-reaching implications not just for Kenya, but for how African governments balance public accountability and professional services.
Kenyan Court Freezes Use of Private Lawyers by Government, Sparks Nationwide Legal Storm
