The High Court in Nairobi has temporarily suspended the implementation of an executive order that transferred custody of Kenya’s public seal from the Office of the Attorney General to the Head of Public Service, Felix Koskei.
In a ruling issued by Justice Chacha Mwita, the court granted a conservatory order stopping the enforcement of Executive Order No. 2 of 2023, pending the determination of a case filed by the Katiba Institute.
“A conservatory order is hereby issued restraining or stopping implementation of Executive Order No. 2 of 2023 to the extent that it purports to reorganize government and transfer the public seal from the custody of the Office of the Attorney General to the Head of Public Service in the Executive Office of the President, until further orders of the Court,” ruled Justice Mwita.
The Katiba Institute, a constitutional rights lobby, argues that the order violates the Constitution and the doctrine of separation of powers. Through their lawyer Kevin Walumbe, the institute told the court that the transfer of the seal centralizes critical national powers within the Presidency, bypassing the legal oversight of the Attorney General.
“Once affixed with the public seal, documents gain legal authority and are binding on all organs of the State. The rationale for making the Attorney General the custodian of the Public Seal was to ensure legal scrutiny before critical decisions are finalized,” Walumbe submitted.
Katiba further claims that President William Ruto acted outside the bounds of the law by issuing an executive order on a matter that, according to them, falls under Parliament’s legislative authority.
