Activist wants probe into lawyers,counties collusion over legal fees

Nakuru activist Laban Omusundi has filed a complaint seeking investigations over what he terms as collusion between lawyers and counties to siphon public funds.

In his complaint, Omusundi submits that, under the pretext of alleged legal fees for services rendered—mostly unjustified—county governments have allegedly colluded with lawyers to steal public funds.

He has addressed his complaint to the President of the Law Society of Kenya (LSK), the Chief Executive Officer (CEO) of the Council of Governors, the Auditor-General Nancy Gathungu, and Controller of Budget (CoB) Margaret Nyakang’o.

“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,” states Omusundi.

He points out that an audit report for the financial year 2023/2024 revealed that some lawyers and law firms colluded with various county governments to steal public funds under the guise of legal fees.

Omusundi adds that the implicated county governments have been engaging law firms irregularly, disregarding established legal frameworks and the constitutional offices of County Attorneys.

“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,” deposes Omusundi.

Omusundi wants the LSK to regulate the alleged unethical conduct of the lawyers to ensure they uphold professional ethics and safeguard public confidence in the legal profession.

He wants the LSK to investigate and take disciplinary action against law firms and lawyers who received public funds from county governments through irregular or unprocedural engagements.

“Such law firms and lawyers should be surcharged and compelled to refund the money unlawfully obtained back to the respective county governments,” he deposes.

He has urged the LSK to establish and enforce clear guidelines to prevent future abuse of public funds through the irregular engagement of law firms by public entities.

He submits that such intervention would not only restore public trust in the legal profession but also reinforce the commitment of the LSK to upholding ethics and the rule of law.

A 2023/2024 audit report showed that Kilifi County spent Sh71.5 million in legal fees with no records of instructions, court attendance, or taxation of fees as required by law.

Tana River spent Sh30.7 million on four firms without approval or documentation. Mandera was flagged for spending Sh45.5 million without executive approval, while Marsabit paid Sh3.3 million in legal fees for a case where the claimant sought Sh1 million in damages.

In Machakos, Sh38.8 million went to four law firms with no case files presented for audit. Kisumu spent Sh46 million but failed to provide court attendance records or fee breakdowns, while Nyandarua outsourced 50 cases to private lawyers despite employing five legal officers.

Despite having a fully staffed legal department, Uasin Gishu County spent Sh22.2 million on external legal services, raising questions about why in-house resources were bypassed.

Similarly, Nandi County incurred Sh36.8 million in legal expenses, which were hidden under general operating costs without explanations.

Narok County exceeded its legal budget by Sh27.6 million, paying Sh365 million against a budgeted Sh337 million, while Kajiado County spent Sh79.1 million on legal fees without obtaining approvals, contracts, or providing itemised billing.

Bomet County faced nearly Sh15 million in additional costs due to penalties and interest from mishandled cases.

In Migori, Sh50.3 million was paid to law firms with no evidence that fees complied with the Advocates Remuneration Order, while Busia allocated Sh30.5 million to external lawyers without any supporting documents.

Ms. Gathungu, in her audit, highlighted widespread corruption, patronage, and misuse of funds in county governments’ engagement with external lawyers.

The audits revealed that counties are often overspending on law firms for services already handled by in-house legal teams.

Counties are seen paying millions without proper documentation or contracts, benefiting law firms through irregular procurement practices.

This has led to significant financial liabilities, with some counties owing billions in legal fees, the audit highlighted.