COURT ORDERS SPARK LSK OUTCRY OVER JUDICIAL OVERREACH

COURT ORDERS SPARK LSK OUTCRY OVER JUDICIAL OVERREACH.

By Maximilla WAFULA & Patrick KIMANZI 

The County Dairy News.

Law Society of Kenya President Faith Odhiambo addresses journalists, raising alarm over a growing trend of judicial impunity nationwide concerns

The Law Society of Kenya (LSK) has raised alarm over what it describes as a growing trend of judicial impunity, following ex-parte conservatory orders issued by the High Court in Nakuru that threaten to lock private legal practitioners out of public sector work. According to the Society, the orders issued in Nakuru Petition E001 of 2026 are part of a long-standing and coordinated attempt to stifle the legal profession and undermine fair competition in legal practice.

LSK traces the matter back to July 2020, when a Cabinet resolution sought to require all state departments to obtain approval from the Attorney General before engaging external legal counsel. That directive was successfully challenged, with the High Court in 2023 quashing the resolution and affirming that public procurement must be fair, competitive, transparent and cost-effective.

Despite this clear judicial guidance, similar efforts resurfaced in 2024 through a Senate petition seeking to bar county governments from hiring private law firms. A joint Senate committee later warned that such restrictions would violate the Constitution and existing statutes, including laws that expressly allow public entities to retain external counsel.

The Society argues that the latest petition before the Nakuru High Court rehashes claims around high legal fees and fiscal responsibility while ignoring strict procurement procedures and statutory regulation of legal fees. LSK maintains that private advocates play a critical role in addressing capacity gaps, conflicts of interest, and complex legal matters facing public institutions.

LSK further contends that the conservatory orders are unconstitutional, retroactive, and prejudicial to law firms that have already rendered services and obtained taxed costs. The Society warns that such actions amount to judicial overreach and risk eroding public confidence in the Judiciary.

Citing recent controversial court decisions, LSK says judicial independence must not be used to shield abuse of power. The Society has since moved to court to set aside the Nakuru orders and vowed to take firm action to protect constitutionalism, access to justice, and the livelihoods of it.