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The @LawSocietyofKe is in receipt of a Petition seeking to stop the engagement of private practitioners by public entities, and a Court order dated 12th January 2026 granting conservatory orders suspending such engagements. From the onset, we note that not only is this Petition an ill-advised onslaught on the livelihoods of our members, it equally offends the economic rights of Advocates and threatens to cripple a crucial sector in Kenya's economy.
We are shocked with the order of the High Court at Nakuru, which ostensibly deprives Advocates across the country of an opportunity to serve the public. The retention of private practitioners by public entities is neither novel nor inconsistent with any law. As a matter of fact, it is well entrenched under Section 17 of the Office of the Attorney General Act and Section 16 of the Office of the County Attorney Act. Further, all procurement of legal services by Public entities is undertaken in strict adherence with the Public Procurement and Assets Disposals Act; and the fees payable towards the same are determined in accordance with the Advocates Remuneration Order and subject to lawful negotiations and assessments.
We forewarn that this action and court order threaten to unsettle the entire economical ecosystem which is anchored in the reliance on competent professionals to support the public service. Were this not the case, the entire concept of public procurement of services as we know it, which is the backbone of the Kenyan economy, would be rendered moot.
We will be taking immediate action to not only reverse this iniquitous decision, but to also oppose and defeat this onslaught on the legal profession.