• The umbrella body has emphasized that it has consistently opposed outsourcing at all levels, warning that the practice has fueled job insecurity, weakened institutions, and exposed workers to delayed salaries, underfunded social protection, and deteriorating public services.

The Central Organization of Trade Unions (Kenya), COTU (K), has thrown its weight behind the High Court of Kenya in Nakuru after judges issued conservatory orders suspending the engagement, procurement, and payment of private advocates and law firms by public entities where in-house legal officers already exist.

“As the umbrella body representing Kenyan workers, COTU (K) considers the rampant outsourcing of legal services by national and county governments, state corporations, and parastatals to be a serious governance failure, a waste of public resources, a major cause of demoralization of in-house lawyers, and a direct threat to the sustainability of public institutions,” the union declared in a statement on January 14, 2026.

COTU (K) has accused public institutions of sinking billions of shillings into private law firms that continue to issue “outrageous fee notes” financed by taxpayers, even as collective bargaining agreements, pensions, and service delivery remain under strain. The union argues that fees paid to outsourced legal services often outstrip development costs and workers’ salaries, turning private firms into conduits of corruption.

The umbrella body has emphasized that it has consistently opposed outsourcing at all levels, warning that the practice has fueled job insecurity, weakened institutions, and exposed workers to delayed salaries, underfunded social protection, and deteriorating public services.

COTU (K) insisted that where public institutions lack capacity to handle certain cases, matters should be referred to the Attorney General, county attorneys, or other government legal officers.

These professionals, the union noted, are well-trained, employed to serve public entities, and tasked with safeguarding public interest. COTU (K) has further urged that their training, terms, and conditions of service be improved to match competitive market rates in order to retain top-tier legal talent within the public service.

The union fully endorsed the High Court’s intervention, calling for the empanelment of an expanded bench to weigh the substantial constitutional, financial, and labour implications of the case.

Meanwhile, county attorneys from all 47 devolved units condemned the ex-parte conservatory orders issued on January 10, 2026, arguing that the temporary suspension unfairly bars county governments and other public entities from engaging private law firms.

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