The High Court in Nakuru has issued interim conservatory orders stopping the national government and all public entities from hiring private advocates and law firms to represent them in court 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.
"A conservatory order is hereby issued suspending the engagement, procuring, continuing to procure, pending payments, all engagements of private advocates/law firms by all public entities when there is already hired attorney general, state counsels, solicitor general, county attorneys, county legal counsels, legal officers & legal personnel of ALL public entities pending the hearing and determination of this Application and the petition," reads the order.
In directions issued under a certificate of urgency, the court certified the application as urgent and allowed it to be heard ex parte in the first instance.
The judge ordered that the application and the main petition be served on all respondents and interested parties within three days.
The court further directed respondents and interested parties to file their responses within seven days of being served, while the petitioners were granted up to 14 days to file a rejoinder, if necessary.
In the interim, the court suspended the engagement, procurement, continuation of contracts, and pending payments to private advocates and law firms by all public entities that already have legal representation through the Attorney General, State Counsel, the Solicitor General, county attorneys, county legal counsels and other in-house legal officers.
Additionally, the court issued an order barring the Controller of Budget and all public officers from approving or releasing funds for the acquisition of external legal services for any public entity pending the hearing and determination of the application and the petition.
The matter is scheduled for mention for further directions on January 30, 2026, at 11:30 a.m
