A fresh petition has been filed urging the Law Society of Kenya (LSK), the Council of Governors (CoG), the Auditor General, and the Controller of Budget to investigate alleged misuse of public funds through questionable payments to private lawyers.
The complaint claims that some county governments have colluded with law firms to divert public money under the pretext of settling legal fees.
The petition, submitted by Nakuru-based civic activist Laban Omusundi, argues that counties have engaged lawyers without following proper procedures, bypassing in-house legal teams and established procurement rules.
Omusundi contends that this practice has led to massive financial losses and undermines the ethical standards expected of legal professionals.
In his submission, Omusundi cites the Auditor General’s 2023/2024 audit report, which flagged multiple counties for irregular legal expenditures.
“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. 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,” he says in the petition.
He is pressing the LSK to hold lawyers accountable, discipline members who benefited from irregular county payments, and ensure funds are recovered.
“Such law firms and lawyers should be surcharged and compelled to refund the money unlawfully obtained back to the respective county governments,” Omusundi asserts. He further calls for the establishment of clear procedures to prevent future abuse, reinforcing public confidence in legal institutions.
The Council of Governors on October 6, 2025, in a meeting before having elections in Westlands, Nairobi. PHOTO/CoGThe audit report exposes alarming irregularities across counties. Kilifi spent Sh71.5 million without proper documentation, while Tana River paid Sh30.7 million to four firms with no supporting records.
Mandera authorized Sh45.5 million without executive consent, and Marsabit spent Sh3.3 million on a case claiming only Sh1 million.
Machakos spent Sh38.8 million with no case files presented, and Kisumu disbursed Sh46 million without proof of court attendance or fee breakdowns.
Nyandarua outsourced 50 cases despite having five legal officers, and Uasin Gishu, fully staffed legally, paid Sh22.2 million externally.
Other counties displayed similar lapses. Nandi spent Sh36.8 million under general costs, Narok exceeded its legal budget by Sh27.6 million, and Kajiado paid Sh79.1 million without approvals.
Bomet incurred nearly Sh15 million in penalties, Migori paid Sh50.3 million outside the Advocates Remuneration Order, and Busia allocated Sh30.5 million with no supporting evidence.
Auditor General Nancy Gathungu highlighted that these payments were largely for tasks that should have been handled by county legal teams. She warned that irregular procurement and outsourcing practices have left counties owing billions, signaling systemic weaknesses in managing public funds for legal services.