LSK Challenges Court Ban on Private Advocates

The Law Society of Kenya (LSK) has opposed a court order barring government body from hiring private advocates.
Moreover, the society warned the directive undermines fair competition and marginalizes independent legal practitioners.

Court Order Sparks Controversy
On January 13, 2026, Nakuru Petition E001 issued conservatory orders blocking public entities from procuring private law firms.
Additionally, the ruling directed government institutions to rely solely on state-employed counsel for representation in court.

LSK argued the decision contradicts past rulings affirming competitive procurement of legal services under the Public Procurement Act.

LSK Defends Role of Private Lawyers
Addressing the press, LSK insisted private advocates play a vital role in public sector legal matters.
Furthermore, the society emphasized that external counsel ensures independence in conflict-of-interest cases involving government-employed lawyers.

LSK added that private practitioners help reduce workload excesses, preventing backlogs and ensuring compliance with governance structures.
The society warned that judicial overreach erodes public confidence and undermines constitutional rights under Article 50.

Petition and Judicial Review
The petition, filed by Dr. Benjamin Magare and Senator Okiya Omtatah, questioned high legal fees paid to private firms.
As an example, petitioners cited Kenya Airports Authority’s engagement of TripleOKLaw Advocates in a Ksh.243 million case.

Consequently, the court directed the Controller of Budget not to approve payments for external legal services until determination.
LSK confirmed it has filed an application seeking review and set aside of the conservatory orders.
Moreover, the society is documenting judicial misconduct cases and pledged action against breaches of duty by judicial officers.