LSK vows to challenge suspension of legal services outsourcing by State bodies

LSK PRESIDENT FAITH ODHIAMBO/FILE

The Law Society of Kenya (LSK) has expressed strong opposition to a recent High Court ruling that temporarily halts the engagement of private law firms by public entities, with LSK President Faith Odhiambo vowing to challenge the decision.

The conservatory orders, issued on Monday by Justice Samuel Mukira at the Nakuru High Court, suspend both ongoing and future engagements of private advocates by government bodies, including all 47 county governments and several state agencies.

The orders also bar the Controller of Budget and other public officers from authorising or releasing funds for legal services outsourced to private practitioners until the matter is fully determined in court.

In a statement responding to the ruling, Odhiambo expressed concern over the petition and subsequent court order, describing them as potentially harmful to the livelihoods of legal practitioners.

She noted that the decision may have implications for the economic rights of advocates and the broader legal sector.

“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.

"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."

The LSK President further argued that the ruling undermines the ability of qualified advocates across the country to serve the public.

"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 added.

The High Court order follows a constitutional petition filed in Nakuru by seven petitioners, including litigant Magare Gikenyi and Busia Senator Okiya Omtatah.

The petitioners argue that the counties and other public entities are outsourcing legal work despite having fully staffed in-house legal departments, a move they term as "unlawful."

They contend that this practice leads to unnecessary expenditure, violating Article 201 of the Constitution, which mandates prudent use of public resources, and Article 227, which requires public procurement to be cost-effective.

Odhiambo, however, dismissed these claims, noting that the use of private lawyers is often necessitated by the complexity of legal matters and the need for specialised expertise that may not exist within in-house teams.

She assured that the LSK would take immediate action to reverse the ruling, defending the legal 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," she concluded.