Double blow as case on lawyers-government legal service engagement is delayed
National
By
Daniel Chege
| Jun 18, 2026
Lawyers will have to wait longer for a hearing on a case in which they seek permission to provide unconditional legal services to the government and all of its agencies.
The case, scheduled for a hearing before a three-judge bench, was delayed because one of the judges is on leave.
Judges Julius Nangea, Samwel Mohochi and Patricia Gichohi are the trial judges, but since Gichohi is on leave, the case will be heard on September 29.
The three are set to hear and determine whether it is lawful for law firms to provide services to government agencies, despite the existence of capable government legal departments and personnel.
READ MORE
Mwalimu Sacco taps NCBA to rev up salary processing
Why firms are seeking spaces that drive impact, not just transactions
Ruto calls for equal partnerships with wealthy nations, says era of aid is over
Report shows global energy transition slows as Kenya leads Africa gains
Why the right car battery is no longer just about engine size
Why modern tech is key to fixing insurance gaps
AI adoption lifts finance but opens door to faster cyberattacks-experts
Engineers challenged on road designs
The delay is a double blow to the lawyers; just four days ago, the Court of Appeal declined to suspend a high court order by Judge Mohochi, which stopped unconditional engagements.
On January 26, 2026, Mohochi suspended any new engagements, unless the same was justified and had formal approval from the office of the Attorney General (AG).
“Engagements are unjustified because the state has the AG, state counsels, solicitor general, county attorneys, legal counsels and legal officers to litigate their cases,” Mohochi ruled.
Further, the judge barred the Controller of Budget (CoB) and all mandated public servants from approving any funding for the acquisition of external legal service.
In reprieve, however, the court ruled that the orders would not affect any government and private law firm engagements and undertakings made prior to January 12.
Despite the Law Society of Kenya (LSK) and some government agencies’ move to the court of appeal seeking suspension of the orders, the three superior judges declined the same on June 12.
“Though LSK states that the orders would cause a national crisis in their engagements to represent public entities, we are not convinced,” the judges ruled.
They noted that the order did not totally ban the engagements but ruled that they must be formally justified and approved.
The appellate court further noted that the AG, who was the principal adviser to the government had not taken the position that the impugned order had created a crisis.
The petition was filed by seven people, including Busia Senator Okiya Omtatah, Nakuru surgeon Dr Magare Gikenyi and activist Laban Omusundi.
They seek court orders, permanently suspending any legal service engagements between all government entities and law firms.
They argue that the office of the auditor general had flagged misuse of over Sh21 billion fees, paid for legal services.
They said they failed to understand why the government would hire private lawyers, when it employs the best lawyers who undergo vetting in a competitive process.
In response, LSK insisted that the AG and County Attorneys have the right to outsource legal services.
“The petitioners singled out the legal profession despite the fact that other professionals engage with government entities,” LSK submitted.
Over 80 parties will be participating in the case which will be heard on September 29.