A constitutional crisis is brewing between the Judiciary and the devolved units. The County Attorneys Forum (CAF) has issued a defiant rejection of the Nakuru High Court's recent ruling, which barred County Governments from engaging private law firms for litigation. The attorneys argue the order is a "judicial overreach" that threatens to paralyze legal operations across the 47 counties.

The controversial judgment, delivered last week, stipulated that counties must rely solely on their internal legal departments or the Attorney General, citing the need to curb the ballooning pending bills owed to private firms—currently estimated at KES 56 billion. However, CAF Chairperson Bibi Fondo termed the directive "impractical and dangerous," warning that it exposes county assets to auctioneers.

"We Are Outgunned"

"The reality on the ground is that internal county legal teams are understaffed and underfunded," Fondo explained during a press briefing in Naivasha. "We are facing seasoned Senior Counsels in complex land and employment disputes. Telling us to fight them with junior officers is sending us to the slaughter." The Forum argues that the Office of the County Attorney Act allows for external counsel in specialized matters.

• The Financial Angle: Proponents of the court order argue that counties have been used as cash cows by unscrupulous law firms, charging exorbitant fees for cut-and-paste legal work. The Controller of Budget has repeatedly flagged legal fees as a major hemorrhage point.
• The Next Step: The CAF has announced it will seek an immediate stay of execution at the Court of Appeal. They are also petitioning the Council of Governors (CoG) to intervene, framing the issue as an assault on the autonomy of devolved governments.

A Looming Paralysis

If the order stands, hundreds of ongoing cases involving billions of shillings could stall. Private firms currently on retainer have reportedly downed their tools, demanding clarity on their payments. "If we are not paid, we do not show up," said a partner at a top Nairobi firm. "And if we do not show up, the counties lose by default."