Senators have allowed county governments to continue using private law firms in court cases, despite mounting concerns over how much is being spent on legal fees.

This decision comes after the Senate received a petition asking for a complete ban on counties hiring private lawyers.

Instead of enforcing the ban, senators issued guidelines advising counties to limit outsourcing legal work to only complex or specialised cases.

The report, from the Senate’s Justice and Legal Affairs and Devolution and Intergovernmental Relations Committee, was presented to the House last week.

It states: "The county governments are advised to seek representation from external legal firms occasionally when handling complex or specialised legal services."

It further recommends that the process of hiring external lawyers be handled through the office of the county attorney, and all expenses must comply with the relevant legal and financial guidelines.

The petition was brought forward by Laban Omusundi, a resident of Nakuru.

He wanted the Senate to stop counties from spending public money on external law firms, arguing that the money could be used to provide services to citizens.

"That the Senate puts in place measures to deter deliberate erroneous administrative decisions that will ensure that everybody is held responsible personally for the administrative decisions they make that may end up in courts," the petition reads.

Although the report does not fully agree with the petitioner’s request, it acknowledges the rising concerns over high legal costs.

It notes that counties have legal departments, but still turn to private lawyers, raising questions about compliance with existing laws.

The committee cited reports by the Auditor General showing that counties were engaging law firms despite having in-house legal teams.

Many devolved units, it said, failed to follow Section 16 of the Office of the County Attorney Act, 2020.

This law requires any department within a county to obtain written approval before seeking external legal help.

The Council of Governors defended the counties, saying the legal matters they face are often too complex for internal staff to handle.

"To enhance the equality of legal representation, counties engaged external lawyers to be able to access specialised knowledge and skills that are essential for effectively addressing specific legal challenges," the report says.

The committee wants county governments to strengthen internal legal departments by offering better salaries, timely allowances, training, and hiring more legal officers.

It also called for proper budgeting for these departments to make them more effective.

"The county governments should strictly adhere to the legal framework governing the outsourcing of legal services and implement strong oversight and accountability measures," the committee added.

Audit reports highlighted how counties are losing billions in questionable legal payments.

Marsabit County paid a private firm Sh10.3 million for a case where the plaintiff only sought Sh1 million.

Kisumu had Sh46 million in unsupported expenses, while Mombasa is facing questions over Sh67 million in unexplained legal payments.