The Central Organisation of Trade Unions (Kenya), COTU (K), has expressed full support for the High Court of Kenya’s conservatory orders suspending the outsourcing of legal services by national and county governments, state corporations, and parastatals where in-house lawyers already exist.
In a statement issued on Wednesday, COTU (K) said the move was necessary to safeguard public resources, protect workers, and strengthen governance.
“As the umbrella body representing Kenyan workers, COTU (K) considers the rampant outsourcing of legal services by public institutions to be a serious governance failure, a waste of public resources, a major cause of demoralisation of in-house lawyers, and a direct threat to the sustainability of public institutions,” said Secretary General Dr. Francis Atwoli.
He noted that billions of shillings have been spent on private law firms, often issuing “outrageous fee notes to public institutions financed by taxpayers' money,” while workers face delayed salaries, underfunded social protection, and deteriorating service delivery.
COTU (K) said the craze for outsourcing has effectively turned some private law firms into “conduits of corruption being used by public institutions.” The union has long opposed outsourcing, citing job insecurity and demoralisation of workers as key concerns.
“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,” Atwoli stated, adding that government legal officers are well-trained professionals capable of protecting public interest.
The trade union body also called for reforms to improve working conditions, training, and remuneration for in-house legal officers to retain top-cadre professionals within the public service.
COTU (K) fully endorses the High Court’s intervention, including the call for an expanded bench to address the “substantial constitutional, financial, and labour implications involved.”
“Public institutions should rely on the office of the Attorney General, county attorneys, and other government legal officers, giving them a chance to practice their craft and be held accountable for their actions,” Atwoli said, emphasising that the suspension is a positive step toward protecting taxpayers’ money and strengthening Kenya’s public service.
The support of the suspension COTU (K) comes a day after the Law Society of Kenya (LSK) condemned the order, warning that the move undermines constitutional rights and the livelihoods of advocates.
In a statement dated January 13, 2026, the society 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.”
“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.
