NAIROBI, Kenya, Jan 28 – Government entities will now require direct approval from the Controller of Budget (CoB) before engaging private lawyers, following a High Court ruling aimed at tightening oversight of public spending on legal services.
The Nakuru High Court issued a conservatory order suspending the engagement of private legal services by all public entities unless strict conditions are met.
The ruling, delivered by Justice Mohochi S.M., follows a petition filed by Busia Senator Okiya Omtatah, Magare Gikenyi and five others against the Council of Governors, the Attorney General and 70 other respondents.
Under the directive, public entities are barred from hiring or continuing to hire private advocates or law firms where state counsels, county attorneys or in-house legal officers can handle the work.
Exceptions will apply only with express approval from the Attorney General and written justification detailing the subject matter, case files, expected duration, fees and overall financial implications.
Any engagement must demonstrate a genuine need for specialised expertise and prudent use of public resources.
For county entities, there must also be formal endorsement from the County Executive Committee or the County Attorney confirming the engagement is necessary and fiscally responsible.
No funds may be released for private legal services without CoB clearance, ensuring full accountability before procurement.
“A conservatory order is hereby issued as from 12th January 2026, suspending the fresh engagement, procuring, continuing to procure, or engagements of private advocates or law firms by all public entities,” the court ruled.
“The conservatory orders shall not affect any instructions or undertakings made prior to 12th January 2026,” it added.
The order takes effect from January 12, 2026, with further directions scheduled for hearing on January 30.
