The Law Society of Kenya (LSK) has strongly condemned a petition and interim court orders barring public entities from engaging private legal practitioners, warning the move threatens advocates’ livelihoods and risks destabilising the legal sector.
In a statement issued on Monday, LSK President Faith Odhiambo described the petition and conservatory orders issued by the Nakuru High Court on January 12, 2026, as ill-advised and economically harmful to practising advocates across the country.
The orders suspend the engagement of private lawyers by national and county governments pending the determination of a constitutional petition challenging the practice. The court also directed the Controller of Budget not to approve public funds for external legal services.
Odhiambo argued that the engagement of private advocates by public institutions is lawful and well established under existing statutes, including the Office of the Attorney General Act and the Office of the County Attorney Act. She added that all legal services procurement follows the Public Procurement and Asset Disposal Act and approved remuneration frameworks.
LSK warned that the decision could undermine public procurement systems, weaken service delivery and disrupt an economy that relies on professional expertise to support government functions.
The petition, filed by Dr Benjamin Gikenyi Magare, Busia Senator Okiya Omtatah and others, questions the constitutionality and cost-effectiveness of hiring private lawyers where state-employed legal officers exist.
LSK has vowed to challenge the decision, insisting public interest lies in constitutional compliance, fair labour practices and protection of the legal profession.
 has strongly condemned a petition and interim court orders barring public entities from engaging private legal practitioners, warning the move threatens advocates’ livelihoods and risks destabilising the legal sector.){kind=link}
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