High Court Bars Govt from Hiring Private Law Firms

The High Court in Nakuru has issued a conservatory order stopping all public entities from hiring or paying private law firms for legal services.

The ruling, issued by the Nakuru Law Court under case number HCCHRPET/E001/2026, targets the common practice of government departments outsourcing legal work despite having a robust internal staff of state-mandated lawyers.

“Public entities must use their own lawyers, not outsourcing legal work for now. The office of the Attorney General has so many Lawyers,let them do the work,” the report reads.

Let State Lawyers Do the Work

The petition challenges the rationale behind spending taxpayer money on expensive private legal fees when the government already employs thousands of qualified legal professionals.

The petitioners argue that the Office of the Attorney General and various County Legal offices are sufficiently staffed to handle the state’s legal needs.

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What Happens Next?

(a) This Application is hereby certified as urgent and deserving to be heard ex parte in the first instance and its service is hereby dispensed with in the 1st instance.

(b) The Application and Petition shall forthwith and not later than within the next three (3) days be served upon ALL Respondents and Interested Parties to be heard inter parte on merit.

(c) That the Respondents and Interested parties shall file Responses within seven (7) days of receipt of service.

(d) That the Petitioner shall file Rejoinder (if need be) within the next fourteen (14) days;

(e) A conservatory order is hereby issued suspending the engagement, procuring, continuing to procure, pending payments, all engagements of private advocates/law firms by all public entities when there is already hired attorney general, state counsels, solicitor general, county attorneys, county legal counsels, legal officers & legal personnel of ALL public entities pending the hearing and determination of this Application and the petition.

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(f) A conservatory order is hereby issued directing the controller of budget and all public servants (whether state officer or public officer or any person) not to approve any vote/funds for acquisition of external legal services/advocates/firms for ALL Public entities, pending the hearing and determination of this Application and the petition.

(g) The Application shall be mentioned inter parte for further directions on 30th January 2026 at 11.30 am.

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Last session of Lawyers who were admitted to the roll of Advocates
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