A major legal battle that has been quietly reshaping how Kenya’s government hires lawyers has been pushed further down the calendar after a key High Court hearing was postponed, deepening uncertainty in the legal sector.
The case, which centers on whether state institutions can continue outsourcing legal services to private law firms, was set to be heard by a three-judge bench. However, proceedings were halted when one of the judges went on leave, forcing the matter to be rescheduled to 29 September 2026.
For many private advocates, the delay is more than procedural—it is financial.
The dispute traces back to January 2026, when Justice Samwel Mohochi issued conservatory orders blocking ministries, counties, and state corporations from entering new unconditional contracts with private law firms. The ruling effectively froze a major stream of government briefs that had long sustained thousands of lawyers across the country.
The decision sparked immediate controversy. Public interest petitioners, including Okiya Omtatah, argued that the government was wasting billions of shillings by outsourcing work that could be handled internally. They pointed to state counsels and county attorneys already on government payrolls, many of whom they say remain underutilized while external firms handle high-value cases. Reports cited Nairobi County alone as having spent over KSh 21 billion on external legal fees.
Source Attributed: The Standard