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Why Nakuru activist wants counties to stop hiring private law firms

A photo of Nakuru-based human rights activist Laban Omusundi.

Photo credit: Courtesy

By  JOSEPH OPENDA

Correspondent

Mtaa Wangu

The Senate is set to begin deliberations on the petition filed by a Nakuru activist which seeks to restrain the county governments from hiring private law firms to represent them in courts.

In a communication by the senate dated April 20, addressed to Mr Laban Omusindi, the petitioner, the Clerk of the Senate JM Nyegenye confirmed receiving the petition which upon review found it to be compliant with the senate standing orders in relation to public petition.

The clerk noted that the petition was presented to the Speaker of the Senate assembly on the said date who subsequently committed it to the relevant standing committee on devolution and intergovernmental relations.

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“Having reviewed the petition in line with the senate standing orders, this is to advise that the petition was found compliant with Section 3 of the petition to parliament (procedure) Act and the senate Standing orders 235 on the form of a Public petition,” read part of the letter.

Read: A Nakuru man's plan to stop absenteeism of governors

The letter has been copied to the committee chairperson Mohamed Abbas, the senator for Wajir County.

Mr Omusundi the executive director of the Grassroot Civilian Oversight initiative who filed the petition in November last year, wants the county executive barred from using public funds to meet the legal expenses delivered by the private law firms, but instead be compelled to utilize the county attorney’s office.

In addition, the petitioners want the officers found culpable of unlawful administrative actions that attract legal actions such as the procedural termination of county employees be held personally liable for the legal repercussions.

The move according to him will save the taxpayers from loss of billions of shillings in form of legal expenses emanating from deliberate, erroneous, procedural and administrative decisions by the county executive who do not care about the possible legal actions their decisions may attract.

The petition followed a report by the auditor general Nancy Gathungu for the year 2021/2022 which indicated that the Nakuru county government was grappling with a total of Sh 440 million shilling owed to 17 law firms for the provision of legal services.

The petitioners argued that the huge sums of money paid as legal fees act as kickbacks for the county officers who directly source the law firms.