LSK challenges court order barring gov't bodies from procuring private advocates

The orders block the national government and public entities from procuring private advocates and law firms to represent them in court.

Addressing the press on Tuesday, the society said that the case is part of a recurring pattern aimed at locking out private advocates from government legal briefs, despite past court rulings affirming fair and competitive procurement of legal services.

"We register our concern over this outright misunderstanding and mischaracterisation of the work Advocates undertake in favour of public entities," they said.

"For the avoidance of doubt, the retention of external legal counsel follows a strict, rigorous and competitive procurement process in accordance with the Public Procurement and Assets Disposals Act."

LSK warned that continued judicial overreach threatens public confidence in the Judiciary, claiming that recent judicial decisions have exceeded constitutional limits, including rulings that suspend the lawful functions of constitutional bodies.

It added that the right to representation of one's choice is a right enshrined under Article 50 of the Constitution of Kenya, 2010, and private practitioners should not be sidelined lest there is an ill motive.

"We strongly oppose this ill-advised move and urge those involved to reconsider this overzealous upheaval of legal practice," LSK added.

It further argued that private practitioners handle matters where conflicts of interest cases may land on government-employed advocates, and they come in to offer independent expertise on governance structures and mitigate workload excesses that would create backlogs and non-compliance.

LSK stated that it has filed an application seeking to review and set aside the conservatory orders issued by Justice Mohochi Mukira seeking its review.

It further said it is also documenting cases of judicial misconduct and will pursue appropriate action to protect the legal profession and constitutional governance.

"The society is collating all emerging instances of ineptitude, judicial arrogance and abrogation of duty from judges and judicial officers. We will be taking necessary action against all breaches of duty and intend to end this cycle of abuse of judicial authority," LSK added.

The petition filed by Dr. Benjamin Gikenyi Magare, Senator Okiya Omtatah, and others, questions the justification for incurring substantial legal fees for private counsel while competent and experienced State Counsel and Kenya Airports Authority (KAA) legal officers were available.

As a case in point, the petitioners cited the Kenya Airports Authority (KAA), a State corporation, which allegedly engaged TripleOKLaw Advocates to defend a Ksh.243,185,700 “Adani Deal” in court.

The court therefore directed the Controller of Budget (CoB) not to approve any public funds for external legal services, including payments to private advocates and law firms, until the matter is fully heard and determined.