COTU backs court orders halting outsourcing of legal services by public entities

The Central Organization of Trade Unions (COTU-K) has welcomed and fully supported High Court orders suspending the outsourcing of legal services by national and county governments, state corporations and parastatals, terming the practice wasteful and detrimental to public institutions and workers.

In a statement dated January 14, 2026, COTU Secretary General Francis Atwoli said the conservatory orders issued by the High Court in Nakuru suspend the engagement, procurement and payment of private advocates and law firms by public entities where in-house legal officers already exist.

“COTU (K) welcomes and fully supports the conservatory orders issued by the High Court of Kenya at Nakuru suspending the engagement, procurement, and payment of private advocates and law firms by public entities where in-house legal officers already exist,” he said.

The labour body argued that rampant outsourcing of legal services by public institutions amounts to a serious governance failure, leads to wastage of public resources and undermines the morale of in-house legal officers.

COTU said billions of shillings have been paid to private law firms at the expense of workers’ welfare and institutional sustainability.

“Billions of Kenyan shillings have been sunk into private law firms who continue to issue outrageous fee notes to public institutions financed by taxpayers’ money,” the statement read, adding that resources meant for salaries, pensions, collective bargaining agreements and service delivery have been adversely affected.

COTU further claimed that in many cases, the cost of outsourced legal services far exceeds the cost of developing internal capacity and paying competitive salaries to public sector lawyers.

The organisation linked the practice to corruption risks, arguing that outsourcing has become a conduit for misuse of public funds.

“It is very unfortunate that, in most cases, fees payable to outsourced legal services by far outmatch the costs of development and salaries paid to workers in many public institutions,” COTU said.

The union said it has consistently opposed outsourcing of services across government, noting that it has contributed to job insecurity, demoralisation of workers and weakened public institutions.

According to COTU, continued outsourcing and hefty legal fees have left many institutions financially strained, exposing workers to delayed salaries, reduced social protection and deteriorating public services.

COTU proposed that where public institutions lack capacity to handle specialised legal matters, such cases should be referred to the Office of the Attorney General, county attorneys or other government legal officers.

It said these offices are staffed by trained professionals whose mandate is to serve public interest.

“Where public institutions don’t have capacity to handle certain cases, such matters should be forwarded to the office of the Attorney General for action,” the union said, calling for improved training, remuneration and working conditions for in-house government lawyers to retain skilled professionals.

The High Court orders remain in force as the matter proceeds to substantive determination.