In a rare alignment with the government, Central Organization of Trade Unions (COTU) Secretary General Francis Atwoli has thrown his weight behind a High Court directive banning state agencies from outsourcing legal services to private firms. Atwoli termed the practice a "legalized heist" that has drained billions from the exchequer.

The trade unionist argues that the Office of the Attorney General and the legal departments within parastatals are fully staffed and capable of handling government litigation. He claims that procurement cartels deliberately starve state counsel of work, funneling lucrative briefs to politically connected private law firms who charge exorbitant fees—often leading to the monstrous "pending bills" crisis.

The "Billions" Question

"Why are we paying a private lawyer Sh500 million to defend a parastatal when we have salaried lawyers in that same building sitting idle?" Atwoli posed during a press briefing at Solidarity Building. "This money could pay doctors, teachers, or service our national debt."

The High Court ruling, delivered last week, declared that the Attorney General is the principal legal advisor to the government and that outsourcing should be the exception, not the norm. The Law Society of Kenya (LSK) has naturally opposed the move, arguing it restricts the government's right to choose the best counsel.

• Conflict of Interest: Atwoli alleges that some government officials own the very law firms they outsource to, creating a conflict of interest where cases are dragged out to maximize billable hours.
• Labor Implications: COTU’s stance is also about protecting public sector jobs. By empowering state counsel, the union hopes to secure better terms for government lawyers who have long complained of poor remuneration compared to their private sector peers.