Senior Counsel Ahmednasir Abdullahi has alleged that the handling of government legal briefs has changed significantly, claiming corruption and kickbacks are now influencing how lawyers are selected and paid.
In a statement, Ahmednasir contrasted the current system with the administration of former President Uhuru Kenyatta, arguing that government previously awarded sensitive and lucrative legal work primarily on professional considerations.
He said some of the briefs went to highly regarded lawyers, with other Kenyan advocates brought in to assist where necessary.
“During H.E Uhuru's time sensitive and lucrative government legal briefs used to go to the best Kikuyu lawyer in town assisted by few other Kenyans,” Ahmednasir said.
He added that lawyers involved in the cases were paid substantial professional fees without demands for illegal payments in return.
“Government used to pay top fees and no one used to ask for a bribe or kickbacks. Work was done, fees is paid and all went well,” he stated.
Ahmednasir, who is himself a prominent constitutional and commercial lawyer, claimed that the situation has since deteriorated, with ethnicity and professional competence allegedly taking a back seat when government legal work is allocated.
“Nowadays, tribe or competence are irrelevant. CSs or Parastatal heads give work to lawyers who are willing to give back 70 to 80% of legal fees as bribe,” he alleged.
According to the senior counsel, lawyers who accept such arrangements allegedly retain only a fraction of the money paid by government for legal services.
He further claimed that the practice becomes more lucrative for those involved when cases progress through the appellate courts, where additional legal fees are incurred.
“Lawyers retain only 20% of their fees. Nobody gives a hoot about the case. The higher it goes on appeal, the more fees is paid and the standard 70 to 80% is given back to the CS and Parastatals heads,” Ahmednasir claimed.
He linked the alleged practices to what he described as repeated defeats suffered by the government in court, arguing that poor outcomes should not automatically be attributed to hostility from the Judiciary.
“That is why case after case involving government is tossed out daily. It isn't because judges are necessarily anti government. It is because government has lost character,” he said.
Ahmednasir went further to accuse government officials of engaging in widespread corruption, alleging that public resources are being exploited through various means.
“And every government officials is stealing in every possible manner as if the world will end tomorrow,” he stated.
The allegations come amid continued public debate over government spending, procurement and accountability, as well as the relationship between the Executive and Judiciary.