The High Court has barred the government from procuring private advocates and law firms to represent public entities, pending the hearing and determination of a case filed by Dr. Benjamin Gikenyi Magare, Okiya Omtatah Okoiti and others.
In directions issued on January 12, 2026, Nakuru High Court Judge Samuel Mukira Mohochi certified the matter as urgent and ordered that it be heard on a priority basis.
The court directed that the suspension applies across national and county governments, state corporations, independent commissions and all public entities where the Attorney-General, state counsel, county attorneys and in-house legal officers are already in place.
The Court has further directed the Controller of Budget not to approve funds for external legal services, including advocates and private law firms, pending the hearing and determination of the application and the main petition.
Justice Mohochi ordered that the petition and application be served on all respondents and interested parties within three days, with responses to be filed within seven days of service. The petitioners were granted fourteen days to file any rejoinder.
The matter will be mentioned inter-partes on January 30, 2026 for further directions.
The petition challenges the continued engagement of private advocates by public institutions despite the availability of salaried public lawyers, a practice the petitioners say has led to massive loss of public funds and violates constitutional principles on prudent use of public resources.
