The Law Society of Kenya (LSK) has accused the Judiciary of overreach and impunity, following the issuance of ex-parte orders barring public entities from hiring private law firms to represent them in legal matters.
In a strongly-worded statement issued on Tuesday, January 13, 2026, LSK President Faith Odhiambo described the conservatory orders granted by the High Court in Nakuru in Petition E001 of 2026 as a blatant act of judicial overreach that threatens the livelihoods of private legal practitioners.
“The ex-parte conservatory orders granted by the Court are inconsistent with the Constitution, violate international norms, and ignore the attendant public interest arising from access to adequate, quality and effective professional services by public entities,” Odhiambo stated.
The LSK president argued that the Nakuru orders were the culmination of a prolonged effort to exclude private advocates from the public sector legal ecosystem, noting that this is the latest in a series of efforts dating back to 2020.
She traced the dispute to July 2020, when the then Attorney General issued a directive requiring written approval before state departments could contract external legal counsel, stating that LSK successfully challenged that directive in court, with Justice Jairus Ngaah quashing it in July 2023.
“The procurement of goods and services is such a crucial task that Article 227 (1) of the Constitution is categorical that it is an exercise that must be fair, equitable, transparent, competitive and cost effective,” she stated, quoting the 2023 ruling.
Despite the ruling, LSK said similar attempts resurfaced in 2024 when a petition was presented to the Senate seeking to bar county governments from hiring private law firms.
