Kenya: COTU Backs Court Order Halting Outsourcing of Legal Services By Public Bodies

14 January 2026

Nairobi — The Central Organization of Trade Unions (COTU-K) has welcomed High Court orders suspending the outsourcing of legal services by national and county governments, state corporations and parastatals where in-house legal officers exist.

In a statement issued on Tuesday, COTU Secretary General Francis Atwoli said the conservatory orders issued by the High Court in Nakuru would help curb what the union described as wasteful spending and governance failures within public institutions.

COTU said billions of shillings in public funds have been paid to private law firms through outsourcing arrangements, even as many public institutions struggle with delayed salaries, underfunded pensions, and declining service delivery.

The labour federation argued that the continued engagement of private advocates has demoralised in-house legal officers and weakened public institutions financially, exposing workers to job insecurity and poor working conditions.

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"It is unfortunate that fees paid to outsourced legal services far exceed development costs and staff salaries in many public institutions," COTU said, adding that the practice has increasingly become a channel for corruption.

The union reiterated its long-standing opposition to outsourcing, noting that it undermines job security and erodes institutional capacity across the public sector.

COTU further said that cases beyond the capacity of internal legal departments should be handled by the Office of the Attorney General or county attorneys, rather than private law firms.

According to the federation, government legal officers are adequately trained to represent public institutions and should be supported through improved working conditions, continuous training and competitive remuneration to retain skilled professionals in public service.

COTU also supported calls for the empanelment of an expanded bench to hear the matter, citing its constitutional, financial and labour implications.

The court orders suspend the procurement, engagement and payment of private legal services by public entities pending the hearing and determination of the case.

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