High Court Suspends Hiring of Private Lawyers by Public Entities in Budget Control Ruling.
The High Court sitting in Nakuru has issued far-reaching conservatory orders suspending the engagement and payment of private advocates by public entities where government legal officers are already available.
In directions issued on January 12, 2026, in Constitutional Petition No. E001 of 2026, the court certified as urgent an application filed by Dr. Magare Gikenyi J. Benjamin and ordered that the matter be heard on a priority basis. The petition, led by activist Okiya Omtatah Okoiti and six others, is filed against the Council of Governors, the Attorney General, and 70 other respondents.
The ruling was delivered by Hon. Mr. Justice Mohochi Samwel Mukira at the Nakuru Law Courts.
In its directions, the court stated, “This application is hereby certified as urgent and deserving to be heard ex-parte in the first instance.”
At the heart of the case is the continued engagement of private law firms by public entities despite the existence of government legal officers, including the Attorney General, Solicitor General, county attorneys, and other public legal personnel. The petitioners argue that this practice results in unnecessary expenditure of public funds.
Pending the hearing and determination of the petition, the court issued conservatory orders halting these engagements across all public entities. “A conservatory order is hereby issued suspending the engagement, procuring, continuing to procure, pending payments, all engagements of private advocates or law firms by all public entities,” the court directed.
The suspension applies broadly and affects both national and county government institutions. It also covers ongoing procurement processes and pending payments related to external legal services.
In a further directive with immediate fiscal implications, the court barred the approval of public funds for such services. “No person [shall] approve any vote or funds for acquisition of external legal services or advocates or firms for all public entities, pending the hearing and determination of this application and the petition,” the ruling states.
The court also set strict timelines to fast-track the matter. All respondents and interested parties were ordered to file their responses within seven days of service. The petitioners were granted fourteen days to file rejoinders, if necessary.
The case is scheduled for inter partes mention for further directions on January 30, 2026, at 11:30 a.m.
