The Central Organization of Trade Unions (COTU) has welcomed conservatory orders issued by the High Court in Nakuru suspending the engagement, procurement, and payment of private advocates and law firms by public entities that already have in-house legal officers.
In a statement on Wednesday, January 14, the trade union framed the court’s intervention as a critical step toward protecting public resources.
"As the umbrella body representing Kenyan workers, COTU (K) considers the rampant outsourcing of legal services by national and county governments, state corporations, and parastatals to be a serious governance failure, a waste of public resources, a major cause of demoralization of in-house lawyers, and a direct threat to the sustainability of public institutions," the statement read.
COTU linked the outsourcing trend to escalating legal costs, arguing that excessive payments to private firms have come at the expense of workers’ welfare and essential services.
"Indeed, so far, billions of Kenyan shillings have been sunk into private law firms that continue to issue outrageous fee notes to public institutions financed by taxpayer’s money, even as working conditions, collective bargaining agreements, pensions, and service delivery continue being affected," the statement added.
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COTU further warned that the scale of fees paid to outsourced legal services often outmatch expenditure on staff and development.
"It is very unfortunate that, in most cases, fees payable to outsourced legal services by far outmarch the costs of development and salaries paid to workers in many public institutions. The craze in outsourcing legal services by national and county governments, state corporations and parastatals, only point to the fact that private law firms have become conduits of corruption being used by public institutions," the statement continued.
COTU said its opposition to outsourcing has been consistent, citing job insecurity, delayed salaries, and weakened institutions as direct consequences of the practice.
"As COTU (K) we have consistently opposed the outsourcing of services at all levels because it has resulted in job insecurity and demoralization of workers. Further, the continued outsourcing of legal services and the hefty fee notes issued have left many public institutions financially weakened and workers exposed to delayed salaries, underfunded social protection, and deteriorating public services," the statement further read.
COTU proposed that when public entities lack the capacity to handle specific legal matters, they should rely on existing government legal structures rather than private firms.
"It is, therefore, the position of COTU (K) that where public institutions don’t have the capacity to handle certain cases such matters should be forwarded to the office of the Attorney General for action. Indeed, the office of the Attorney General, county attorneys, and other government legal officers are well trained professionals employed to serve public entities and secure public interest.
"As such, these professionals should be given the chance to practice their craft, and be held responsible for their action, even as their continuous training and terms and conditions of service are improved to match up the competitive market rates so as to retain top-cadre legal professionals within the public service," the statement concluded.
This comes months after COTU called on Kenyans working abroad to register themselves with Kenyan Embassies, High Commissions, Consulates, and Permanent Missions.
In a notice on Thursday, November 13, Atwoli explained that proper documentation of workers is important to ensure timely government assistance in case of emergencies or other challenges.
"The Central Organization of Trade Unions (Kenya), COTU (K), wishes to strongly caution and advise all Kenyan workers who travel or are currently working abroad to always register themselves with Kenyan Embassies, High Commissions, Consulates, and Permanent Missions in their respective countries of residence or employment.
"As Kenya increasingly positions itself as a labour exporting nation, it is a matter of importance that our workers abroad are properly documented and recognized through official government channels so that in the event of any challenges, emergencies, or disputes, the Kenyan government can offer timely protection, assistance, and accountability," read the statement in part.
At the same time, Atwoli noted the union has, over the past six months, received multiple distress calls from Kenyan workers abroad who are concerned about a rising trend of individuals traveling overseas to export activism.
He said the activities may expose them to foreign legal consequences and risk the welfare and reputation of other Kenyan workers in those countries.
"I am, therefore, surprised that some Kenyans are now blaming the Kenyan government, mostly the Ministry of Foreign Affairs, while when they go to foreign countries they do so without following the proper channels to document themselves, knowing all too well that they go there with ulterior motives," Atwoli stated.
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