Close Menu
    Facebook X (Twitter) Instagram
    Facebook X (Twitter) Instagram
    KahawatunguKahawatungu
    Button
    • NEWS
    • BUSINESS
    • KNOW YOUR CELEBRITY
    • POLITICS
    • TECHNOLOGY
    • SPORTS
    • HOW-TO
    • WORLD NEWS
    KahawatunguKahawatungu
    COURT NEWS

    Court says AG has to approve engagement of private advocates formally

    Pinnah MokeiraBy Pinnah MokeiraJanuary 26, 2026No Comments2 Mins Read
    Facebook Twitter WhatsApp Telegram Email
    Three detained over Sh10 million theft from Safaricom Sacco bank account
    Three detained over Sh10 million theft from Safaricom Sacco bank account
    Share
    Facebook Twitter WhatsApp Telegram Pinterest Email Copy Link

    The High Court in Nakuru ordered that public entities may only engage private advocates or law firms with the express and formal approval of the Attorney-General.

    In a ruling delivered by Justice Samwel Mohochi, the court directed that, effective January 12, no public entity shall procure, continue to procure, or engage private advocates where in-house legal officers exist unless the engagement is properly justified and approved in accordance with the Constitution.

    Under the orders, public bodies within the national government must obtain express approval from the Attorney-General before instructing external counsel.

    County governments, must secure formal approval from their respective County Executive Committees or a recommendation from the County Attorney, confirming the need for specialised legal services and guaranteeing the prudent use of public resources.

    The court further ordered that any such engagement must be supported by formal justification, including the nature of the case, the subject matter involved, the expected duration of the proceedings, fee notes, and the overall financial implications to the public entity.

    Public bodies must also demonstrate that the matter requires specialised expertise not available in-house.

    Additionally, the court directed the Controller of Budget and all public officers authorised to approve public expenditure not to approve or release funds for external legal services unless all the conditions set by the court are fully met pending hearing and determination of the petition.

    Justice Mohochi said that the orders do not affect legal instructions or undertakings made before January 12, 2026 and that existing matters may proceed unaffected.

    The ruling arises from a petition challenging what the court described as the runaway engagement of private legal services by public entities, which petitioners argue has led to the wastage of taxpayers’ and pensioners’ funds in violation of Articles 1, 3, 10, 201(a) and (d), and 227(1) of the Constitution.

    The court said that respondents, largely State organs and public officers, failed to place sufficient material before it to justify the continued engagement of private advocates, despite being given an opportunity to do so.

    The petitioners led by Magare Gikenyi, with Busia Senator Okiya Omtatah among the co-petitioners argued that the routine outsourcing of legal work by counties and public institutions is unlawful, unconstitutional and wasteful

    The matter will be mentioned for inter partes hearing and further directions on January 30.

    Stay connected via Google News
    Follow us for the latest news updates and guides.
    Add as preferred source on Google

    Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel

    Attorney General Private Advocates
    Follow on Facebook Follow on X (Twitter)
    Share. Facebook Twitter WhatsApp LinkedIn Telegram Email
    Pinnah Mokeira

    Related Posts

    Prosecution urges court to extradite Kenyan to UK over girlfriend’s murder

    October 29, 2026

    Appeals Court declines to suspend ruling requiring President Ruto to reconstitute Cabinet over two-thirds gender rule

    October 29, 2026

    Court rules Ruto directive on preservation of 20 percent of Affordable Houses for teachers, police have no legal effect

    October 29, 2026

    Comments are closed.

    Latest Posts

    Linda Mwananchi unveils proposed leadership team, names Osotsi party chair

    October 30, 2026

    Ruto, Putin agree on return of Kenyans recruited into Russian military

    October 30, 2026

    LSK threatens court action over election results livestreaming, police reforms

    October 30, 2026

    Democratic senator blames Egypt press crackdown on Trump military aid decision

    October 30, 2026

    Pope Leo XIV becomes first pontiff to vote in a US election

    October 30, 2026

    Frederik X Siblings: Meet Prince Joachim

    October 30, 2026

    Carole Middleton Siblings: Get to Know Gary Christopher Goldsmith

    October 30, 2026

    Haakon VIII Siblings: Getting to Know Princess Märtha Louise

    October 30, 2026
    Facebook X (Twitter) Instagram Pinterest
    © 2026 Kahawatungu.com. Designed by Okii.

    Type above and press Enter to search. Press Esc to cancel.