In a country where public service delivery is already strained by insufficient resources, inefficiency and crumbling infrastructure, one would expect the little available funding to be used prudently.
Unfortunately, that is not the case. Instead, Kenya’s public bodies appear trapped in a legal quagmire, expending vast sums fighting one another over disputes that could be resolved with common sense and far fewer resources.
A case that has recently drawn public attention involves Nairobi County, which faces the prospect of paying a staggering Sh1.3 billion in legal fees to a single law firm.
This is not an isolated incident. Some of the county’s largest outstanding bills relate to legal fees, with Nairobi owing law firms just over Sh21 billion — about 11 per cent of its total pending bills portfolio.
Of this amount, four firms alone are owed more than Sh6 billion, representing nearly 29 per cent of the county’s legal pending bills. The Auditor-General’s report for the year ending June 2024 paints an even grimmer picture. It found that in many counties there is no evidence that the Advocates Remuneration Order of 2014 is applied when determining legal fees.
Lawyers earning hundreds of millions from county governments are often selected from pre-qualified lists, with little or no assessment of legal costs or internal legal capacity.
Nairobi, in particular, appears to have become a cash cow for lawyers. The public, meanwhile, is left to foot the bill. This trend is not confined to Nairobi.
Across the country, counties are grappling with mounting legal costs that threaten to undermine public service delivery. With some cases dragging on for years, these protracted disputes are not only financially crippling but also emblematic of how wasteful use of public resources continues to stall development.
When governments engage in endless litigation, often over trivial matters, they keep law firms flush with cash while shifting focus away from citizens’ needs.
The cost is not merely financial. Each legal showdown delays infrastructure projects, disrupts public services and creates uncertainty that stifles investment and innovation. It is also telling that many of those driving these disputes are highly paid public officials who appear more interested in personal gain than amicable resolution.
As a nation, we must ask whether it is truly necessary for public entities to spend billions fighting one another in court. Ultimately, this is not just about wasted funds but a failure of leadership.
For Kenya’s future, there must be a decisive shift away from courtroom follies and towards responsible stewardship of public resources.
The writer is a former NTV managing editor
Unlock a world of exclusive content today!Unlock a world of exclusive content today!
