The Law Society of Kenya (LSK) has opposed a court order barring the State and its entities from hiring private lawyers, vowing to challenge it in court.
In a statement issued on Monday, LSK President Faith Odhiambo described the petition as an ill-advised onslaught on the livelihoods of advocates, saying it offends their economic rights and threatens to cripple a crucial sector of Kenya’s economy.
“We are shocked by the order of the High Court at Nakuru, which ostensibly deprives advocates across the country of the opportunity to serve the public. The retention of private practitioners by public entities is neither novel nor inconsistent with the law,” Odhiambo said.
She noted that the engagement of private lawyers by public entities is firmly grounded in law, citing Section 17 of the Office of the Attorney General Act and Section 16 of the Office of the County Attorney Act.
Odhiambo added that the procurement of legal services by public entities is conducted in strict compliance with the Public Procurement and Asset Disposal Act, while fees are determined in accordance with the Advocates Remuneration Order and subject to lawful negotiations and assessments.
“We forewarn that this action and the resulting court order threaten to unsettle the entire economic ecosystem, which relies on competent professionals to support public service delivery,” she said.
She further vowed that LSK would take immediate legal action to challenge the petition and reverse what she termed an unjust decision.
“We will be taking immediate action not only to reverse this iniquitous decision, but also to oppose and defeat this onslaught on the legal profession,” Odhiambo stated.
The High Court in Nakuru issued interim conservatory orders stopping the national government and all public entities from hiring private advocates and law firms where government legal officers are already in place.
The orders, dated January 12, 2026, were issued in a case filed by activist Okiya Omtatah Okoiti, Dr. Magare Gikenyi J. Benjamin and five others against the Council of Governors, the Attorney General and 70 other respondents.
In its ruling, the court suspended the engagement, procurement, continuation of contracts and pending payments to private advocates and law firms by all public entities pending the hearing and determination of the application and the main petition.
The court certified the matter as urgent and allowed it to be heard ex parte in the first instance, directing that all respondents and interested parties be served within three days.
The case is scheduled for mention for further directions on January 30, 2026, at 11:30 a.m.
