Nairobi, January 13- The Law Society of Kenya (LSK) has criticised a recent High Court decision that temporarily prevents government bodies from hiring private advocates and law firms to represent them in legal matters.
The Nakuru High Court issued ex parte conservatory orders in a petition filed early in 2026, blocking the national government and other public institutions from engaging external legal counsel while a constitutional challenge plays out in court.
LSK says the orders appear to be part of an ongoing attempt to sideline private legal practitioners from public sector work, despite established legal protections for fair and competitive procurement of legal services. The society argues that the engagement of external lawyers follows strict rules under procurement laws and that advocates provide essential services, including handling conflicts of interest and specialised cases that in‑house counsel cannot always manage.
LSK also maintains that Article 50 of the Constitution guarantees the right to choose one’s legal representation, and that excluding private practitioners undermines both that right and public confidence in the judiciary. The society has filed an application to review and overturn the court’s interim orders and is documenting instances of what it calls judicial overreach to protect the legal profession.
