COTU Responds To Blockade On Gov’t Use of Private Lawyers
The Central Organisation of Trade Unions (Kenya), or COTU(K), has applauded the Nakuru High Court’s decision to temporarily prohibit all government entities from acquiring legal services from private corporations, citing a waste of public funds.
In a statement issued on Wednesday, January 14, COTU Secretary General Francis Atwoli stated that sourcing legal services from private businesses has deprived state and county legal officers of job security and empowerment.
Atwoli insisted that this is despite their well-trained and qualified ability to serve public institutions.
The Central Organization of Trade Unions (Kenya), COTU (K) welcomes and fully supports the conservatory orders issued by the High Court of Kenya at Nakuru suspending the engagement, procurement, and payment of private advocates and law firms by public entities where in-house… pic.twitter.com/oKAVdGjuQX
— Francis Atwoli NOM (DZA), CBS, EBS, MBS. (@AtwoliDza) January 14, 2026
According to Atwoli, the high legal fees imposed by private lawyers put a strain on public institutions, resulting in worker pay delays, weakened social protection systems, and reduced public services.
“It is very unfortunate that, in most cases, fees payable to outsourced legal services by far outmarch the costs of development and salaries paid to workers in many public institutions,” Atwoli said.
“The craze in outsourcing legal services by national and county governments, state corporations and parastatals, only points to the fact that private law firms have become conduits of graft being used by public institutions,” he added.
Atwoli has also stated that public institutions should seek assistance from the Office of the Attorney General if their legal officers are unable to address a legal situation.
According to Atwoli, the measure is likely to improve practitioners’ legal understanding in response to changing market demands, increase accountability for professional conduct, and help combat corruption in public institutions.
“COTU (K) therefore fully supports the High Court’s intervention and the suspension of this practice pending full hearing and determination,” Atwoli said.
“We endorse the call for the empanelment of an expanded bench given the substantial constitutional, financial, and labour implications involved.”
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The Nakuru High Court issued the verdict on Monday, January 12, in response to a case filed by campaigners Okiya Omtatah Okoiti and Dr. Magare Gikenyi J. Benjamin.
The petitioners believe that it is illegal for public institutions to utilize public monies to pay private advocates when they already have qualified in-house lawyers.
The High Court certified the matter as urgent and issued conservatory orders stopping public offices from engaging private advocates until the petition is heard and determined.
The court further directed the controller of the budget and other public officers not to give a green light to any payments for external legal services during this period.
COTU Responds To Blockade On Gov’t Use of Private Lawyers
