By Brian Kiprono - Reporter
Kenya, 12 January 2026 - The Law Society of Kenya (LSK) has vowed to challenge a High Court decision that temporarily bars government institutions from outsourcing legal services to private advocates, warning that the move could disrupt the legal profession and public service delivery.
The conservatory orders were issued on Monday by Justice Samuel Mukira at the Nakuru High Court. They suspend all ongoing and future engagements of private lawyers by public bodies, including the 47 county governments and several state agencies. The orders also restrain the Controller of Budget and other public officers from approving or releasing funds for outsourced legal services until the case is heard and determined.
LSK President Faith Odhiambo said the ruling raises serious concerns for practising advocates whose livelihoods depend on such engagements and for public institutions that rely on specialised legal expertise.
“The retention of private practitioners by public entities is neither novel nor inconsistent with any law. It is a long-established practice governed under Section 17 of the Office of the Attorney General Act and Section 16 of the Office of the County Attorney Act,” Odhiambo said.
She added that the procurement of legal services follows the law, noting:
“All procurement of legal services is carried out in strict compliance with the Public Procurement and Assets Disposal Act, while fees are determined according to the Advocates Remuneration Order and through lawful negotiations.”
According to Odhiambo, the court order risks weakening the ability of qualified advocates across the country to support public institutions, particularly in complex matters that may be beyond the capacity of in-house legal teams.
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“We forewarn that this action and court order threaten to unsettle the entire economical ecosystem which is anchored in the reliance on competent professionals to support the public service. Were this not the case, the very concept of public procurement of services as we know it would be rendered moot,” she said.
The ruling stems from a constitutional petition filed in Nakuru by seven petitioners, among them activist Magare Gikenyi and Busia Senator Okiya Omtatah. They argue that counties and other public bodies continue to outsource legal work despite having fully staffed legal departments, a practice they describe as unlawful and wasteful.
The petitioners contend that outsourcing legal services leads to unnecessary expenditure, in violation of Article 201 of the Constitution on prudent use of public resources and Article 227 on cost-effective public procurement.
Odhiambo rejected this position, saying the reality of public litigation often demands specialised skills that may not be available internally.
She said the LSK would move swiftly to challenge the decision and protect the profession.
“We will be taking immediate action to not only reverse this ‘iniquitous’ decision, but to also oppose and defeat this onslaught on the legal profession,” Odhiambo said.
