LSK Blasts Judiciary Over Orders Blocking State Briefs to Private Lawyers

By James Nyaigoti | January 13, 2026

The Law Society of Kenya (LSK) has accused the Judiciary of judicial overreach and impunity following ex parte court orders that temporarily bar public institutions from hiring private advocates.

In a statement, LSK President Faith Odhiambo condemned conservatory orders issued in Nakuru High Court Petition E001 of 2026, saying they are unconstitutional, economically punitive to lawyers, and a threat to access to justice.
The orders restrain public entities from engaging external legal counsel. According to LSK, the move undermines constitutional safeguards and established public procurement laws that require competitiveness, transparency and fairness.
Odhiambo said the Nakuru case is the latest in a string of efforts, dating back to 2020, aimed at locking private practitioners out of government legal work. She recalled a Cabinet resolution issued in July 2020 requiring State agencies to seek approval from the Attorney General before hiring external lawyers a directive that was quashed by the High Court in 2023.

Despite that ruling, similar proposals resurfaced in 2024 through a Senate petition seeking to prevent county governments from outsourcing legal services. A joint Senate committee later rejected the proposal, warning it would violate the Constitution and existing statutes.

“The law is clear,” Odhiambo said, citing the Office of the Attorney General Act and the Office of the County Attorney Act, both of which allow public bodies to retain external counsel when necessary.
She also dismissed claims that engaging private advocates leads to wasteful spending, noting that legal fees are regulated by law, negotiated within set parameters and ultimately taxed by the courts.
LSK said private advocates play a critical role in managing conflicts of interest, handling heavy caseloads, providing specialised expertise and ensuring compliance with strict constitutional timelines.

Odhiambo warned that the Nakuru orders could have far-reaching consequences, including the retroactive suspension of payments already taxed by courts—an outcome she described as “an absurdity of the highest degree.”
The LSK President further accused the Judiciary of exhibiting a troubling pattern of unchecked power, citing recent court decisions that halted and later reinstated police recruitment, as well as a ruling that suspended the constitutional functions of the Judicial Service Commission.

“We are witnessing impunity disguised as judicial independence,” Odhiambo said, warning that continued misuse of judicial authority could trigger public backlash and institutional instability.
LSK has instructed an advocate to challenge the Nakuru orders and has filed an application seeking their review and setting aside.
While reaffirming the Society’s commitment to public service, Odhiambo said LSK would take firm action to defend the legal profession and uphold constitutional order.

“We will not sit back and watch the Judiciary, the last line of defence for Kenyans, run rogue against its people,” she said.

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