Written by Lisa Murimi
The Katiba Institute has filed a lawsuit against Head of Public Service Felix Koskei and Attorney General Dorcas Oduor, challenging what it calls an unconstitutional transfer of Kenya’s Public Seal.
The lobby group argues that President William Ruto acted unlawfully by issuing Executive Order No. 2 of 2023, which shifted custodianship of the Public Seal from the Attorney General to the Office of the President, bypassing Parliament entirely.
According to Katiba Institute, this move undermines constitutional checks and balances and erodes the doctrine of separation of powers.
“Parliament rejected a proposal to legalise the action through legislation,” the group states.
The Public Seal, affixed to treaties, state appointments, and legal agreements, is a vital symbol of the government’s legal authority.
Traditionally, its safekeeping by the Attorney General ensured legal scrutiny before such documents became binding.
“Further, it removes the need for the Attorney-General to give legal advice and approval before Executive actions are made legally binding on all State organs,” it said.
Katiba Institute claims the transfer centralises power dangerously by enabling the Executive to validate critical state actions without the AG’s legal oversight.
Attorney General Oduor has since claimed she still holds the seal, but Katiba Institute insists legal clarity is needed.
The High Court is now set to decide whether the Executive overstepped its mandate — a ruling that could have far-reaching implications for constitutional governance in Kenya.
