The Law Society of Kenya (LSK) has raised alarm over what it describes as a growing trend of judicial impunity, accusing sections of the Judiciary of overreach that threatens legal practice and access to justice.
In a statement dated January 13, 2026, the society condemned ex-parte orders issued by the High Court in Nakuru that suspend the engagement and payment of external legal counsel by public entities, warning that the move undermines constitutional rights and the livelihoods of advocates.
LSK said the orders, issued in Nakuru High Court Petition E001 of 2026, are the latest in a series of attempts to “stifle the legal practice space” and exclude private practitioners from the public sector.
“The Petition and ex-parte orders granted by the High Court sitting at Nakuru… are a culmination of a protracted, cyclic attempt to cut off private practitioners from the public sector economic ecosystem,” the society said.
The society traced the dispute back to July 8, 2020, when the then Attorney General issued a Cabinet resolution requiring state departments to seek approval before hiring external lawyers and terminating existing engagements.
LSK challenged the directive, and in a July 7, 2023 judgment, Justice Jairus Ngaah quashed the resolution, holding that public procurement must be “fair, equitable, transparent, competitive and cost effective,” and should not be left “to the whim of an individual.”
Despite that ruling, LSK said similar efforts resurfaced in 2024 and 2025, including a Senate petition seeking to bar counties from outsourcing legal services.
A joint Senate committee later warned that such restrictions would violate the Constitution, the Public Procurement and Asset Disposal Act, and laws governing the offices of the Attorney General and County Attorney.
LSK said the latest petition raises arguments around the existence of state and county counsel, high legal fees, and fiscal responsibility, which it dismissed as “a tired rhetoric against a profession that unreservedly dedicates itself to upholding constitutional values and protecting the public interest.”
The society emphasized that hiring external counsel follows a “strict, rigorous and competitive procurement process,” and fills gaps where conflicts of interest, workload pressure, or specialized expertise arise. It also defended legal fees as regulated and subject to court taxation where disputes arise.
LSK warned that the conservatory orders issued by Justice Mohochi Mukira have a retroactive effect, suspending payment of lawful dues already assessed by courts.
“This is in no uncertain terms, an absurdity of the highest degree,” the statement said, adding that the orders amount to “a blatant act of judicial overreach.”
Citing recent controversial court decisions, LSK said judicial independence must not translate into impunity. “We shall not sit back and watch the Judiciary, the last line of defence for the people of Kenya, run rogue against its people,” the society warned.
LSK confirmed it has filed an application seeking to review and set aside the Nakuru orders, saying it remains committed to protecting access to justice while safeguarding the legal practice environment and the welfare of its members.
