By Benadeta Mwaura - Reporter
Kenya, 6 January 2026 - The High Court in Mombasa has directed the County Government of Mombasa to pay KSh30 million in outstanding legal fees owed to a private lawyer, underscoring growing scrutiny over how county governments settle debts to service providers in legal battles and other professional services.
In its ruling, the court underscored that failure by public entities to honour judicially‑mandated payments, even in cases involving legal practitioners, undermines access to justice and the rule of law, especially when such debts have been crystallised through valid court judgments.
The development is part of a wider trend exposing how Kenyan counties have struggled to settle professional fees, particularly legal bills, many of which have lingered for years despite court directives or agreements.
Recent audits have flagged billions of shillings in questionable legal costs across county governments, with Nairobi, for example, paying legal firms large sums without adequate documentation in some disputes, a practice that has drawn concern from oversight bodies and lawmakers.
According to court records, the Mombasa lawyer in this latest case, whose identity has not been widely publicised in mainstream coverage, had secured a judgment for the KSh30 million he claims is owed for services rendered to the county.
After repeated refusals or delays by the county treasury to settle the amount, the lawyer returned to court to enforce the judgment.
The High Court’s decision compels compliance, giving the county a defined timeframe to make the payment or risk further enforcement actions.
Legal experts note that when counties fail to honour dues ordered by courts, it not only jeopardises the livelihoods of service providers but also signals a breakdown in financial discipline and respect for legal processes that can discourage professionals from engaging with public entities on merit.
The Auditor‑General’s recent findings show that many counties have spent heavily on “avoidable legal costs,” a term used to describe large legal fees paid without clear justification, or without follow‑through on substantive outcomes, which has heightened concerns about governance and fiscal responsibility at the local government level.
Mombasa County’s challenges with legal payment obligations are not new.
In past years, private advocates, including prominent firms, have publicly complained about substantial unpaid fees running into tens of millions of shillings for work carried out for the county or its predecessor local authority structures.
In one reported situation, a lawyer claimed that arrears tied to historical contracts and representation had ballooned to more than KSh120 million, prompting threats of legal action to recover the funds.
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Such debts can tie up county finances, lead to court sanctions, and, in some cases, affect the county’s ability to procure future services as contractors and professionals may become wary of delayed payouts.
Judicial observers and governance analysts say that enforcing payment of legitimate legal fees is part of strengthening institutional accountability, a key priority for both national and county governments as Kenya continues to implement devolved governance and public financial management reforms.
Similar issues have emerged elsewhere.
A Nairobi County scandal, for example, drew public ire when it was revealed that millions of shillings were paid to law firms despite unclear documentation or outcomes, prompting county assembly probes and calls for tighter controls.
The Mombasa High Court’s ruling is therefore likely to serve as a reminder to other devolved units that court orders are binding and must be integrated into county budget plans, not deferred indefinitely.
Failure to comply can result in enforcement measures such as asset attachment, surcharge orders against officials, and reputational damage to local administrations.
County attorneys and finance chiefs are now expected to revise their internal systems to ensure that court‑ordered dues are prioritised and paid promptly.
For legal practitioners who often take on work for government entities based on contract agreements, the decision offers a degree of reassurance that the courts will uphold their rights when payments are unjustly delayed.
As counties balance myriad demands, from service delivery to infrastructure investment, managing legal liabilities efficiently will be crucial to maintaining financial health and public trust.
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