NAIROBI, Kenya – Senators have rejected a proposal that sought to ban the use of external law firms by county governments, opting instead to recommend that private legal services be sought only for specialized or complex legal issues that internal legal departments are unable to manage.
The recommendation was contained in a report by the Senate Committee on Justice, Legal Affairs, and Devolution, which was presented to Parliament last week.
According to the report, while county governments should rely primarily on their in-house legal teams, they are advised to seek external legal representation for complex legal matters or specialized legal services, ensuring that such services are procured through the county attorney’s office in adherence to public expenditure guidelines.
This stance comes in response to a petition by Laban Omusundi, a Nakuru resident, who called for an end to public money being spent on external legal firms for county government representation in court.
Omusundi argued that these funds could be better utilized to improve essential services for ordinary citizens.
The report also noted that county governments are facing increased scrutiny over questionable spending on legal fees, especially when many counties already have fully operational legal departments.
The Senate highlighted that some counties are not following the requirements set under the Office of the County Attorney Act, 2020, which mandates that any external legal consultants must receive written approval from the executive before being hired.
The Council of Governors defended the use of external legal services, citing the complex and dynamic legal needs of county governments.
According to the report, counties engage external lawyers to access specialized knowledge and skills necessary for addressing specific legal challenges effectively.
However, the committee urged county governments to strengthen their internal legal teams by investing in training, offering competitive pay, and ensuring timely payment of legal staff.
The report also called for more funding and staffing for county attorney offices and emphasized the importance of strict adherence to legal frameworks governing the outsourcing of legal services, alongside robust oversight and accountability measures.
Increased scrutiny over legal spending has been highlighted in the Auditor General’s 2023-24 report, which flagged questionable payments in counties such as Marsabit, Kisumu, and Mombasa, where significant sums were spent on legal fees without adequate supporting documentation.
