We reject your orders on private lawyers, LSK tells judges

Law Society of Kenya (LSK) President Faith Odhiambo and Vice President Mwaura Kabata address the press at their Gitanga Road offices on January 13, 2026. [Edward Kiplimo, Standard]

The Law Society of Kenya (LSK) has taken up a fight with judges, accusing the officers of abusing their judicial authority after the Nakuru High Court issued conservatory orders barring public entities from hiring private legal practitioners.

Justice Samuel Mukira on Monday, January 12, granted the orders at the request of petitioners led by Busia Senator Okiya Omatatah and Nakuru doctor Magare Gikenyi, pending the determination of the case.

Speaking during a press conference in Nairobi today, LSK President Faith Odhiambo decried the impact of the decision on the livelihood of advocates and revenues of law firms contracted by both the national and county governments.

“We are apprehensive that the current pattern of abuse of Judicial powers threatens to spark outrage among both the public and our members,” said Odhiambo.

“We shall not sit back and watch the Judiciary, the last line of defence for the people of Kenya, run rogue against its people. Unless this trend is nipped in the bud, and with the requisite firmness, we are prepared to agitate for a radical surgery as a means to uphold our Constitution.” 

Accordingly, LSK says it is already collecting information on instances where judges dropped the ball on cases of great public interest, including where alleged selfish interests took precedence.

One of the cases on the Society’s radar involves Justice Bahati Mwamuye’s order suspending the recruitment of ten thousand police officers in late 2025 and later lifting it despite questions over the legality of the process.

Meanwhile, the LSK has appointed an advocate tasked to ensure the order is lifted, arguing that it is faulty as it doesn’t take into account judicial precedents and procurement laws.

The advocates stated that their remuneration is guided by various laws, including the Public Procurement and Asset Disposal Act, the Office of the Attorney General’s Act, and the County Attorney’s Act.

“Private practitioners handle matters from which conflicts of interest may arise on the part of government-employed Advocates, offer independent expertise on governance structures and issues, mitigate workload excesses that would create backlogs and non-compliance, and ensure that the state remains compliant with strict constitutional and procedural timelines without the risk of abandoning service delivery to the public,” said Odhiambo.

Activists Omtatah and Gikenyi questioned the continued government spending on external lawyers despite having staffed in-house legal departments that can litigate for the state and save taxpayers billions accrued in often hefty legal charges.

Last year, the Auditor General Nancy Gathungu lifted the lid on exorbitant spending on private law firms by government entities for representation in court.

Several counties were reported to be choking on debts owed to these lawyers, sometimes without proper documentation fuelling allegations of corruption.

Nairobi County was among the most affected devolved units. Lawyer Donald Kipkorir alone demanded Sh1.3 billion from the county after a major win at the High Court.