Nakuru Court To Hear Case On State Use Of External Legal Counsel

By Staff Writer

A three judge bench at the High Court in Nakuru will today hear a petition that seeks to restrain government entities from outsourcing legal services to private law firms where they already have taxpayer funded legal offices.

The petition by seven activists led by Laban Omusundi seeks to stop what they term massive wastage of public resources through unnecessary outsourcing of legal services by national government agencies, constitutional commissions and county governments.

The petitioners include Dr Magare-Gikenyi Benjamin, Shallum Kaka Nyaudi, Okiya Omtatah Okoiti, Philemon Abuga Nyakundi, Dishon Keroti Mogire and David Ngatia Njuguna, who filed the case citing alleged violations of constitutional public finance principles.

The respondents named in the case include the Council of Governors, the Attorney General, the Law Society of Kenya, the Senate, the National Assembly and the Cabinet Secretary for National Treasury and Economic Planning.

Also listed as respondents are several constitutional commissions, state corporations and all forty seven county governments, alongside Kenya Airports Authority, making the case one of the widest constitutional challenges on public legal spending.

“Public entities already employ qualified state counsels and county attorneys paid by taxpayers, yet billions continue flowing to private advocates for work that could be done within government offices,” the petitioners state in court documents.

The activists argue that the outsourcing of legal services undermines constitutional provisions requiring prudent use of public resources, accountability and transparency in the management of public finances by state agencies.

They claim that some public entities continue hiring external advocates despite having fully operational legal departments staffed with state counsels, county attorneys and other legal officers funded by the taxpayer.

“There is simply no rational explanation for paying private advocates colossal sums while competent government lawyers remain underutilised in public offices,” the petitioners argue in supporting court filings.

Court documents cite instances where public institutions allegedly paid large legal fees to private law firms despite existing in house legal capacity within the government and devolved units.

The petition also seeks conservatory orders suspending the procurement, engagement and payment of private advocates by public entities pending hearing and determination of the constitutional petition.

“This case raises fundamental questions about fiscal responsibility and the protection of scarce public resources, and the court must intervene to safeguard the interests of Kenyan taxpayers,” the petitioners state.

The High Court will determine whether the petition raises substantial constitutional questions that could require the empanelment of an expanded bench to hear and determine the matter.