The Central Organisation of Trade Unions (Kenya) – COTU(K) – has praised the Nakuru High Court for temporarily halting all public institutions from hiring private law firms, calling the practice a misuse of public funds.
In a statement on Wednesday, COTU Secretary General Francis Atwoli argued that outsourcing legal services undermines the job security of in-house legal officers, who are trained and capable of handling public sector matters.
Atwoli also highlighted the high fees charged by private lawyers, noting that they burden government institutions, delay salaries, weaken social protection systems, and reduce overall service delivery.
"It is very unfortunate that fees payable to outsourced legal services often exceed the costs of development and salaries paid to workers in many public institutions," he said, adding that the trend opens avenues for corruption.
He called on public entities to rely on the Office of the Attorney General when internal legal officers are unable to handle cases, saying this would improve accountability, sharpen legal expertise, and curb graft.
COTU confirmed its full support for the court’s suspension of the practice pending a full hearing, endorsing the call for an expanded bench given the significant constitutional, financial, and labor implications.
The Nakuru High Court issued the ruling on Monday, January 12, following a petition by activists Okiya Omtatah Okoiti and Dr. Magare Gikenyi J. Benjamin, who argued it is unconstitutional for public offices to use public funds to hire private advocates when qualified in-house officers are available.
The court also directed the controller of the budget and other officials not to approve payments for external legal services during this period.
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