Petition seeks probe into alleged collusion between counties and lawyers over irregular legal fees
The move follows an audit finding that revealed rampant misuse of county funds, where several law firms received huge sums for legal work that was never verified or properly contracted.
The Law Society of Kenya (LSK), the Council of Governors (CoG), the Auditor General and the Controller of Budget have been petitioned to investigate what is alleged to be a widespread collusion between county governments and private lawyers to siphon public funds under the guise of legal fees.
This follows an audit finding that revealed rampant misuse of county funds, where several law firms received huge sums for legal work that was never verified or properly contracted.
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Nakuru-based activist Laban Omusundi has filed a complaint seeking investigations into what he describes as collusion between lawyers and county governments to defraud taxpayers through unjustified legal fees.
In his petition, he alleges that some county administrations have conspired with lawyers to siphon public funds under the pretext of settling legal bills for services purportedly rendered.
He cites the audit report for the 2023/2024 financial year, which revealed that several lawyers and law firms colluded with county governments to steal public funds under the guise of legal fees. Omusundi adds that the implicated counties have been engaging law firms irregularly, disregarding established legal frameworks and the constitutional role of County Attorneys.
“Owing to recent reports by the Auditor General and CoB, I write to bring to your attention a matter of grave public concern, which touches on professional ethics. This practice has resulted in massive losses of public resources, contrary to the principles of integrity, accountability and prudent use of public funds enshrined under the Constitution,” reads the petition.
He has called on the LSK to regulate what he terms unethical conduct among its members and ensure adherence to professional ethics to safeguard public confidence in the legal profession.
Omusundi further wants the Society to investigate and take disciplinary action against law firms and lawyers who received public funds through irregular or unprocedural engagements with counties.
“Such law firms and lawyers should be surcharged and compelled to refund the money unlawfully obtained back to the respective county governments,” he said.
He also urges the LSK to establish and enforce clear guidelines to prevent future abuse of public funds through irregular engagement of law firms by public entities. According to him, such interventions would help restore public trust in the legal profession and reinforce the LSK’s commitment to upholding ethics and the rule of law.
The 2023/2024 audit report revealed widespread irregularities in the payment of legal fees across multiple counties. In Kilifi, Sh71.5 million was spent on legal services despite the absence of records showing instructions, court attendance, or proper taxation of fees.
Tana River County paid Sh30.7 million to four law firms without any approvals or supporting documentation, while Mandera was flagged for spending Sh45.5 million without executive consent. In a separate case, Marsabit spent Sh3.3 million on a legal matter where the claimant had sought only Sh1 million in damages.
The audit further showed that Machakos County paid Sh38.8 million to four law firms without presenting any case files for verification, and Kisumu County spent Sh46 million without providing court attendance records or a breakdown of the fees. In Nyandarua, 50 cases were outsourced to private lawyers despite the county having five legal officers on staff, while Uasin Gishu, which has a fully staffed legal department, spent Sh22.2 million on external legal services.
Other counties were also found to have engaged in questionable practices. Nandi County incurred Sh36.8 million in legal expenses that were hidden under general operating costs. Narok exceeded its legal budget by Sh27.6 million, paying Sh365 million against a budgeted Sh337 million. Kajiado spent Sh79.1 million on legal fees without obtaining approvals, contracts, or providing itemised billing, while Bomet County faced nearly Sh15 million in additional costs due to penalties and interest from mismanaged cases.
In Migori, Sh50.3 million was paid to law firms with no evidence that the fees adhered to the Advocates Remuneration Order, and Busia County allocated Sh30.5 million to external lawyers without submitting any supporting documents.
The audit portrays a troubling trend of mismanagement and lack of accountability in the handling of public funds for legal services across counties.
In her report, Auditor General Nancy Gathungu noted that counties were overspending on law firms for services that should be handled by their in-house legal departments, often paying millions of shillings without proper documentation or contracts.
The audits further revealed that some law firms benefited from irregular procurement practices, leading to massive financial liabilities.
Gathungu said the trend has left several counties owing billions of shillings in pending legal fees, signalling deep-rooted corruption in the management of county legal expenditures.
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