LSK, advocates unsettled amid freeze of private legal services in public bodies
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Law Society of Kenya and private legal community argue that temporary ban on public bodies seeking private advocates will see many professionals suffer financially.
The Law Society of Kenya (LSK) has criticised recent High Court orders that it says harm private lawyers and block their work with government agencies.
The orders, issued in Nakuru Petition E001 of 2026, prevent some lawyers from being paid for work they have already done for public entities.
LSK says this is unfair and illegal.
“These orders suspend payment of lawful fees owed to legal practitioners even after they have been approved by the courts. This is absurd and affects livelihoods of lawyers,” said LSK President Faith Odhiambo.
The Society said the main problem is that the orders override established legal rules.
Legal fees are set by law and courts, and if there is a disagreement, there are procedures like taxation of fees to sort it out. Stopping lawyers from being paid, LSK says, is not allowed by law.
LSK also pointed to a pattern of judicial overreach, where judges make decisions that affect many people without proper checks.
They cited past cases where court rulings temporarily blocked government actions, like police recruitment or Judicial Service Commission duties, causing confusion and disruption.
“The Constitution gives the Judiciary independence, but it does not give judges the right to act without accountability. We will not allow the Judiciary to run rogue against the people or lawyers,” Ms Odhiambo said.
The core of the dispute is that the court orders prevent private lawyers from working with the government and being paid for their work, which the Law Society says violates constitutional rights of both lawyers and the public to legal services.
LSK has filed an application to review and cancel the Nakuru court orders.
It also said it is monitoring other cases of what it calls judicial impunity and will act to protect the profession.
“We are committed to ensuring the legal environment is safe and that lawyers can continue to serve the public without interference,” Ms Odhiambo added.