The Central Organisation of Trade Unions (COTU) has praised the High Court decision that temporarily halts the outsourcing of legal services by public institutions that already have internal legal officers, saying the move will protect public funds and restore discipline in government spending.
In a statement, COTU Secretary General Francis Atwoli welcomed the conservatory orders issued by the High Court in Nakuru, arguing that they address long-standing governance gaps in national and county governments, state corporations and parastatals.
Atwoli said the court’s intervention comes at a time when public institutions are under financial strain, with workers facing delayed salaries, weak pension schemes and shrinking budgets for essential services. He noted that despite these challenges, billions of shillings have continued to be paid out to private law firms through outsourced legal work.
According to COTU, the routine engagement of external advocates has not only drained public resources but also undermined the morale of in-house legal officers who are fully trained to represent government entities. The labour federation said this trend has weakened institutions internally and exposed workers to job insecurity and poor working conditions.
“It is unfortunate that fees paid to outsourced legal services far exceed development costs and staff salaries in many public institutions,” COTU said, adding that the practice has increasingly become a channel for corruption.
The union reiterated its long-standing opposition to outsourcing, insisting that it erodes institutional capacity and denies public officers opportunities to grow professionally. COTU argued that public legal departments have been sidelined for years, even in routine cases they are well equipped to handle.
COTU further stated that matters deemed too complex for internal legal teams should be referred to the Office of the Attorney General at the national level or county attorneys, rather than private law firms.
The federation maintained that government legal officers are adequately trained and only require better working conditions, continuous training and competitive pay to retain talent within public service.
In addition, the union supported calls for the empanelment of a larger bench to hear the case, citing its wide constitutional, financial and labour implications.
COTU said the outcome of the matter will have a significant impact on public sector employment, accountability and the use of taxpayer funds.
The court orders currently suspend the procurement, engagement and payment of private legal services by public entities until the case is heard and determined, effectively freezing outsourcing arrangements across the public sector for now.
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