Nairobi County tops legal fee spending amid concerns over financial oversight, mismanagement

Nairobi County has been identified as the top spender on legal fees, according to a recent report from the Controller of Budget.

The report reveals that all 47 counties collectively spent Sh2.7 billion on legal services despite having established legal departments headed by county attorneys.

Under Governor Johnson Sakaja, Nairobi spent Sh941.86 million on legal fees, dues, arbitration, and compensation payments.

Legal payment from City Hall has been in the spotlight attracting investigation agencies.

In January 2021, the Ethics Anti-Corruption Commission commenced investigations on the payment of legal fees to 26 law firms by City Hall.

Also, the county assembly has over time lamented and raised concerns over money paid to legal firms.

In the 2016-17 financial year report, then Auditor General Edward Ouko was concerned by the money that the legal department spent, citing Sh592.4 million in unauthorised payments.

In the period under review, the department's legal costs were Sh645.3 million against the approved budgetary allocation of Sh105 million.

According to the report, the department paid 12 law firms Sh314.4 million.

The money was spent outside the Integrated Financial Management Information System.

Going further the Controller of Budget Kajiado County, led by Governor Joseph Ole Lenku, spent Sh128.51 million on similar expenses.

Governor Fernandes Barasa's Kakamega county also reported spending Sh181.43 million.

The report highlights expenditures from various counties, including Kisumu, governed by Anyang' Nyong'o, which spent Sh239.78 million,  Meru under Governor Kawira Mwangaza, splashed  Sh77.45 million while Kwale spent Sh46.67 million.

Migori also spent Sh109.15 million on legal services, while Narok, led by Governor Patrick Ntutu, spent Sh190.73 million.

Under Mutahi Kahiga, Nyeri spent Sh70.73 million while Tana River, governed by Dhadho Godhana, spent Sh124.28 million on legal fees.

Wajir, led by Governor Ahmed Abdullahi, spent Sh56.1 million, Samburu (Sh9.71 million),  Siaya (Sh20.7 million),  Bomet, led by Hillary Barcho, spent Sh5.51 million; and Bungoma, under Kenneth Lusaka, spent Sh16.45 million.

On legal fees, Busia county spent Sh37.60 million, Elgeyo Marakwet (Sh2.73 million), Embu (Sh20.48 million),  while Garissa and Homa Bay counties spent Sh7 million and Sh12.74 million, respectively.

The report raises questions about the effectiveness of the legal departments established within these counties, given the substantial legal expenses incurred.