Court Orders Public Offices to Get Budget Approval Before Hiring Private Lawyers

Kenya, January 28, 2026 - The Nakuru High Court has reinforced fiscal accountability in Kenya’s public sector by ordering that all government entities obtain approval from the Controller of Budget (CoB) before engaging private legal services. The conservatory order, issued by Justice Mohochi S.M., suspends the hiring of private lawyers by public entities unless strict conditions are met, signaling a major step in tightening oversight of public expenditure.

The ruling follows a petition filed by Busia Senator Okiya Omtatah, Magare Gikenyi, and five others against the Council of Governors, the Attorney General, and multiple other respondents. The petition raised concerns over unchecked spending on private legal services by public institutions, highlighting the need for transparency and prudent financial management.

Under the court’s directive, public entities are prohibited from hiring private advocates or law firms when state counsels, county attorneys, or in-house legal officers are capable of handling the work. Exceptions will only be allowed with express approval from the Attorney General, accompanied by written justification detailing the case subject, expected duration, fees, and overall financial implications.

For county entities, formal endorsements from the County Executive Committee or County Attorney must confirm that engaging private legal services is necessary and fiscally responsible. Additionally, no funds may be released without clearance from the CoB, ensuring full accountability before procurement.