The High Court has maintained a freeze on the transfer of the Public Seal of Kenya from the Office of the Attorney General to the Head of Public Service, pending a full hearing on the matter.
Justice Chacha Mwita, presiding at the Milimani Law Courts in Nairobi, directed all parties involved in the case to comply with earlier court instructions regarding the filing of responses and submissions. The case will be mentioned on October 27 to confirm compliance and set the next course of action.
The judge reaffirmed that the conservatory orders issued on June 12 remain in effect, specifically the order halting the implementation of Executive Order No. 2 of 2023, which sought to move the custody of the Public Seal to the President’s Chief of Staff in the Executive Office of the President.
Justice Mwita underscored that the case raises “fundamental constitutional and legal matters of great public importance” that require thorough judicial examination before any changes can be implemented.
The Public Seal, a powerful emblem of state authority, has historically been under the custody of the Attorney General in accordance with established constitutional practice. The proposed transfer, viewed as unprecedented, has sparked alarm among legal experts and civil society organizations.
The legal challenge was filed by the Katiba Institute, a constitutional watchdog, which argues that the executive directive undermines the separation of powers and could erode the independence of critical state offices.
The court’s decision to uphold the conservatory order signals the gravity of the constitutional questions raised, setting the stage for a landmark ruling on the limits of executive power.
Written By Rodney Mbua
