County Attorneys Condemn Nakuru Court Ban on Private Legal Engagements

County Attorneys from all 47 devolved units have condemned ex-parte conservatory orders issued by the High Court in Nakuru on January 10, 2026, which temporarily bar public entities—including county governments—from engaging private law firms.

In a formal statement dated January 12, 2026, the attorneys questioned the legal basis and urgency of the orders, which were issued without hearing affected parties. They argue that the ruling undermines counties’ autonomy and violates principles of procedural fairness and proportionality.

The orders were issued following a petition filed by three parties, including a sitting Senator, despite Senate resolutions passed in March 2025 explicitly supporting counties’ right to outsource legal services.

The attorneys emphasized that counties face wage bill constraints and cannot retain sufficient internal counsel to handle complex litigation, including procurement disputes, constitutional petitions, and international arbitration.

“Devolution cannot be suspended by interim orders. Governance cannot be held hostage to procedural shortcuts,” the statement reads.

The attorneys cited legal provisions under the Office of the County Attorney Act, the Advocates Act, and the Public Procurement and Asset Disposal Act (PPADA) that authorize external legal engagement.

They also criticized the Salaries and Remuneration Commission (SRC) for discriminatory treatment of county legal staff, who face delayed salaries and lack key allowances compared to national counterparts.

The County Attorneys affirmed their continued authority to engage external counsel until a competent court rules otherwise, calling the Nakuru orders legally unsustainable and a threat to devolution, professional dignity, and public service delivery.

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