By Eddah Waithaka
The Law Society of Kenya (LSK) has launched a scathing attack on the Judiciary, accusing judges of a “blatant act of judicial overreach” and a “rising trend of impunity” that now threatens the livelihoods of private legal practitioners nationwide.
LSK President Faith Odhiambo, in a hard-hitting statement today, directly challenged the High Court in Nakuru and warned the entire bench that the Society “shall not sit back and watch the Judiciary, the last line of defence for the people of Kenya, run rogue.”
The declaration follows explosive ex-parte orders from Justice Mohochi Mukira in Nakuru Petition E001 of 2026. The orders effectively bar public entities from engaging and paying private law firms, a move the LSK calls “an absurdity of the highest degree” that disregards existing law and binding judgments.
“This matter is a direct affront to the livelihoods of our members,” stated Odhiambo. “We strongly oppose this ill-advised move and urge those involved to reconsider this overzealous upheaval of legal practice.”
The Society frames the Nakuru orders as the latest assault in a six-year campaign to unlawfully exclude private advocates from public sector work.
They cite a 2023 victory before Justice Jairus Ngaah, who quashed a similar 2020 directive from the Attorney General, ruling that procurement must be “fair, equitable, transparent, competitive and cost-effective” and cannot be left “to the whim of an individual.”
The Senate itself, in a 2025 report, affirmed that blocking counties from outsourcing legal services would violate the Constitution and procurement laws, noting that statutes explicitly permit hiring external counsel.
Odhiambo dismantled the petitioners’ arguments point by point. She stressed that hiring private advocates follows a rigorous, competitive procurement process to secure specialized expertise and manage workloads that overwhelm state law offices. Legal fees, she noted, are strictly regulated and subject to court taxation if disputed.
“The retroactive effect of these orders poses significant prejudice to law firms which have delivered services,” Odhiambo said. “It proposes to suspend payment of lawful dues even after courts have assessed them as costs. This is an absurdity.”
The LSK President linked the Nakuru case to a “current pattern of abuse of judicial powers,” citing two other recent instances: Justice Bahati Mwamuye’s unexplained reversal of orders halting police recruitment, and a three-judge bench’s controversial suspension of the Judicial Service Commission’s functions.
“We are apprehensive that this pattern threatens to spark outrage,” Odhiambo warned. “The constitution affords judges independence and immunity, but not the privilege of invisibility or unbound reverence.”
The Society is now compiling evidence of “ineptitude, judicial arrogance, and abrogation of duty” by judges and judicial officers. “We intend to end this cycle of abuse,” the statement reads.
As immediate action, the LSK has filed an application in Nakuru to set aside the contested orders. They promise to “agitate for a radical surgery” of the Judiciary if this trend continues.
“The LSK retains an equal commitment to protecting the legal practice environment and ensuring the livelihoods and well-being of our members is not interfered with,” concluded President Odhiambo, signaling a protracted battle ahead for Kenya’s legal profession.
