LSK Raises Alarm Over Court Orders Blocking State Use of Private Advocates

The Law Society of Kenya (LSK) has raised concern over what it describes as a sustained effort to marginalise private legal practitioners from public sector engagements, following ex parte conservatory orders issued in Nakuru Petition E001 of 2026.
The orders bar the national government and other public entities from procuring private advocates and law firms to represent them in court, a move the Society says threatens the livelihoods of private practitioners and undermines fair competition in legal services.
Addressing the press on Tuesday, LSK officials led by President Faith Odhiambo said the Nakuru case is part of a recurring pattern aimed at locking out private advocates from government legal battles, despite previous court rulings that have upheld the legality of engaging external counsel through competitive procurement processes.
The Society warned that continued judicial overreach could erode public confidence in the Judiciary. 
It argued that recent court decisions have exceeded constitutional limits, including rulings that suspend or interfere with the lawful functions of constitutional bodies.
LSK maintained that the Constitution and procurement laws allow public institutions to engage private advocates where necessary, particularly in specialised or complex matters, provided due process is followed. The Society noted that past judicial pronouncements have affirmed this position.
The lawyers’ body now says it will explore legal options to challenge the orders, warning that if left unaddressed, the decision could set a dangerous precedent with far-reaching implications for the legal profession and access to justice.

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