Several county governments across Kenya are funnelling millions of shillings into private law firms for legal services, despite boasting fully staffed in-house attorneys’ offices capable of tackling many of these cases.
The Auditor-General’s report for the 2023/24 financial year exposes a troubling trend of questionable outsourcing, murky payments, and financial mismanagement that’s costing taxpayers dearly.
Auditor-General Nancy Gathungu paints a grim picture of counties haemorrhaging millions in legal fees, often without justification or proper records. Some disputes could have been avoided entirely by complying with court rulings, yet millions remain unaccounted for. The report flags irregular payments, unsupported fees, dubious consultant hires, and a litany of undocumented expenses, raising serious concerns over accountability.
A Closer Look at County-Specific Spending
Nairobi County tops the list with a staggering KSh 21.37 billion in pending legal bills, of which KSh 6.27 billion is owed to just four advocates – a hefty 29% chunk. In Homa Bay, KSh 11 million flowed to law firms defending the governor’s office in 350 ongoing cases since 2020, all outsourced despite an in-house legal unit. “No convincing reason was given for bypassing county attorneys,” the report notes, with case details conspicuously absent.
Nandi County shelled out KSh 36.82 million for external lawyers, leaving auditors puzzled: “Why outsource what the County Attorney could handle?” Siaya forked over KSh 34.66 million, including KSh 26 million for an out-of-court settlement shrouded in mystery – no case specifics or cost breakdowns were provided. Kisumu splashed KSh 46.08 million, but KSh 22.5 million lacks paperwork, while a KSh 14.2 million decretal debt payment remains unverified.
In Migori, KSh 50.33 million went to legal services with scant detail on the work done, while Kilifi paid KSh 71.57 million to six lawyers for consultancy. Tana River’s KSh 30.7 million to four firms lacked County Executive Committee approval, flouting regulations. Mombasa’s legal tab hit KSh 67.53 million, ballooning due to ignored court orders, and Nakuru’s KSh 22.64 million to six firms came without contracts or attendance logs – a clear breach of the 2020 County Attorney Act.
Busia’s county attorney hired private firms for KSh 8.55 million to manage 24 cases via direct tenders, while Narok couldn’t explain KSh 27.61 million of its KSh 364.99 million legal spend, overshooting its budget by millions. In Kisii, the county attorney pocketed KSh 3.38 million irregularly after his appointment was voided by a court in 2024.
These eye-watering sums stem from disputes over sacked workers, unpaid suppliers, shoddy procurement, and sloppy contract oversight. Governors’ offices are locking horns with legal providers, racking up bills that in-house teams could have slashed. In Kisumu, a contempt-of-court case tied to a KSh 377.87 million payment saw KSh 3 million paid to a firm, yet auditors decried KSh 345 million of it as “avoidable waste.”
The report slams counties for flouting legal and financial rules, questioning why in-house attorneys are sidelined while private firms cash in. With millions squandered on opaque deals, Gathungu’s findings demand tighter controls and transparency to stem the tide of reckless spending plaguing Kenya’s counties.
