Milton
The High Court in Nakuru has temporarily stopped all public offices from hiring private law firms, a decision that could reshape how government institutions handle legal services. The ruling, delivered on Monday, January 12, followed a petition by activists Okiya Omtatah Okoiti and Dr. Magare Gikenyi J. Benjamin.
The petitioners argued that it is unconstitutional for public bodies to spend taxpayersβ money on private advocates when qualified state and county legal officers are already employed. They said the practice wastes public funds and undermines transparency and accountability.
The court certified the matter as urgent and issued conservatory orders barring public offices from engaging private lawyers until the case is heard and determined. It also directed the Controller of Budget and other officials not to approve payments for external legal services.
More than 70 respondents were listed, including the Attorney General, county governments, and national agencies. The Law Society of Kenya criticised the ruling, warning it could disrupt ongoing cases and threaten advocatesβ livelihoods. The case will be heard on January 30, 2026.
