Thousands of lawyers are waiting to learn the fate of their work with public entities after the High Court on Tuesday upheld an order stopping government bodies from hiring private law firms.
More than 18,000 advocates will now wait until at least Friday to find out whether they can continue acting for public institutions. Justice Samwel Mooch declined to lift his January 12 directive barring all public entities from outsourcing legal services.
The decision has sparked strong resistance from the Law Society of Kenya (LSK).
Over 100 lawyers, led by LSK President Faith Odhiambo, attended a virtual hearing to challenge the order. Senior counsel Prof Tom Ojienda warned that the ruling could destabilise the legal profession.
“You have led lawyers into trouble. What you did was wrong and the order has a ripple effect that is detrimental to all 47 counties,” Prof Ojienda told the court.
Another advocate, Kipkoech Ngetich, argued that the Public Procurement and Disposal Act of 2020 expressly allows public bodies to hire private lawyers.
He said the court had exceeded its mandate and cautioned that the ban effectively criminalises legitimate legal payments, putting advocates at risk.
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Counties have also raised practical concerns. Nairobi County has said its 17 in-house lawyers handle more than 1,100 active cases, making it impossible to comply with the order without slowing down legal services.
Despite the objections, the ban has backing from some government officials. Jacqueline Manani, representing the Public Service Commission, said it protects public funds and promotes efficiency. She suggested that only pending legal fees should be paid, while new instructions to private firms should stop.
The ruling comes after a petition challenging the outsourcing of government legal work. Petitioners, including Busia Senator Okiya Omtatah, argue that public bodies already employ state counsels and county attorneys, and hiring private lawyers wastes resources and violates the Constitution.
The case resumes Friday for further directions on the ban.
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