Senate rejects proposal to ban county governments from hiring external law firms
The report also highlights that county governments are under increased scrutiny over questionable spending on legal fees.
Senators have rejected a proposal seeking to ban the use of external law firms by county governments.
Instead, they advised that private legal services should only be sought for specialised or complex legal issues that internal legal departments are unable to manage.
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This position is contained in a report by the Senate Committee on Justice, Legal Affairs and Devolution and Intergovernmental Relations, which was tabled in Parliament last week.
“The county governments are advised to seek representation from external legal firms occasionally when handling complex or specialised legal services,” the report reads.
It further explains that such legal services must be procured through the county attorney’s office, and the cost must follow the legal and policy guidelines set for public expenditure.
The report was prepared in response to a petition filed by Laban Omusundi, a resident of Nakuru.
He had urged the Senate to stop county governments from spending public money on external law firms to represent them in court.
Omusundi’s petition argued that these funds could be used to improve essential services for ordinary citizens.
“That the Senate puts in place measures to deter deliberate erroneous administrative decisions that will ensure that everybody is held responsible personally for the administrative decisions they make that may end up in courts,” the petition reads.
Increased scrutiny
The report also highlights that county governments are under increased scrutiny over questionable spending on legal fees.
This is despite the fact that most counties have fully operational legal departments led by county attorneys.
According to the Senate, many devolved units do not follow the requirements set under Section 16 of the Office of the County Attorney Act, 2020. This section states that any county department or public body within a county must obtain written approval from the executive before hiring any legal consultants.
In its submission, the Council of Governors defended the practice, saying county legal needs are often complex and changing.
“To enhance the equality of legal representation, counties engaged external lawyers to be able to access specialised knowledge and skills that are essential for effectively addressing specific legal challenges,” the report says.
The committee, however, asked county governments to improve their internal legal teams. It wants counties to invest in training, offer competitive pay, and ensure that legal staff are paid on time. They also called for enough funds to be allocated and for more staff to be hired for the county attorney’s office.
“The county governments should strictly adhere to the legal framework governing the outsourcing of legal services and implement strong oversight and accountability measures,” the report adds.
The Auditor General’s 2023-24 report has flagged questionable legal payments, including Sh10.3 million spent by Marsabit county to defend a case where the plaintiff only sought Sh1 million. In Kisumu, Sh46 million in legal spending could not be supported, while in Mombasa, the audit revealed Sh67 million in unexplained payments.
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