A legal battle is brewing over the control of Kenya’s Public Seal after Katiba Institute, a prominent human rights lobby, filed a lawsuit against Head of Public Service Felix Koskei and Attorney General Dorcas Oduor.
The institute alleges that the transfer of custody of the Public Seal from the Attorney General to the Office of the President is unconstitutional.
In its petition, Katiba Institute argues that the move — effected through Executive Order No. 2 of 2023 — violated the Constitution and bypassed Parliament’s legislative role.
The lobby contends that the Executive Order unlawfully shifted the authority over the Seal to Mr. Koskei, sidelining both the Office of the Attorney General and the National Assembly.
“President William Ruto bypassed Parliament by using an Executive Order to effect a change that had already been rejected through the proper legislative process,” Katiba Institute said in court documents. “This is a direct usurpation of Parliament’s law-making powers and the Attorney General’s constitutional role.”
According to the institute, the public seal plays a crucial role in legalizing treaties, agreements, and official documents. Its improper transfer, the lobby argues, undermines the principles of separation of powers and opens the door to unchecked executive authority.
The lobby further explained that the Attorney General is meant to serve as the legal advisor to the government, and custodianship of the seal ensures proper legal scrutiny of binding executive decisions.
“Removing the AG from this process eliminates an important legal safeguard and allows executive actions to become binding on all state organs without prior legal oversight,” it stated.
Katiba Institute is now asking the court to declare Executive Order No. 2 of 2023 unconstitutional and to restore the custody of the seal to the Office of the Attorney General.
