Nairobi — The Law Society of Kenya (LSK) has vowed a strong confrontation with the judiciary, calling the term "judicial impunity" after a High Court ruling in Nakuru that bars government entities from hiring private law firms.
In a statement released Tuesday, LSK President Faith Odhiambo condemned the interim orders in Nakuru Petition E001 of 2026, calling them a "nefarious scheme" aimed at crippling the legal profession.
"The Law Society of Kenya maintains a resolute commitment to protect the legal practice environment. We will not countenance lethargy and overreach that threaten both the profession and the administration of justice in Kenya," Odhiambo said.
The LSK views the court's decision--which effectively restrains county governments and state agencies from outsourcing legal services--as part of a long-standing effort to cut private practitioners off from government work.
Follow us on WhatsApp | LinkedIn for the latest headlines
The Society noted that similar orders were quashed in July 2023 by Justice Jairus Ngaah, who affirmed that procurement of legal services must comply with Article 227 of the Constitution, ensuring fairness and competitiveness.
Beyond protecting the economic interests of lawyers, the LSK warned of systemic consequences for public administration, highlighting that the Office of the Attorney General Act and the County Attorney Act explicitly allow engagement of external counsel to bridge capacity gaps.
"Private practitioners handle matters from which conflicts of interest may arise on the part of government-employed Advocates, offer independent expertise on governance structures, and mitigate workload excesses that would otherwise create backlogs," the statement read.
Odhiambo dismissed claims that outsourcing legal services threatens public funds as "tired rhetoric," stressing that legal fees are statutorily regulated and subject to court taxation.
The conflict reflects growing tension between the Bar and the Bench. The LSK accused judicial officers of "abrogating their duties" in recent controversial rulings, including those halting nationwide police recruitment and suspending functions of the Judicial Service Commission.
"We shall not sit back and watch the Judiciary, the last line of defence for the people of Kenya, run rogue against its people. Unless this trend is nipped in the bud, we are prepared to agitate for a radical surgery as a means to uphold our Constitution," Odhiambo warned.
The Society has instructed counsel to file for a review to set aside the conservatory orders issued by Justice Mohochi Mukira in the Nakuru case.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
It is also compiling instances of alleged "judicial arrogance" to pursue disciplinary action, signaling that the legal fraternity is ready to escalate the dispute to defend both its profession and the rule of law.
