High Court stops transfer of Public Seal from Attorney General's office

The High Court in Nairobi has issued a conservatory order stopping the transfer of the Public Seal of Kenya from the custody of the Office of the Attorney General to the Head of Public Service in the Executive Office of the President.

Milimani Law Courts Justice Chacha Mwita on Wednesday ruled on that the contested transfer—initiated through Executive Order No. 2 of 2023—raises “fundamental constitutional and legal matters of great public importance” and therefore warrants judicial scrutiny before any further action can be taken.

The Public Seal, a potent symbol of state authority, has traditionally rested with the Attorney General as per established constitutional practice.

The Executive Order had sought to relocate its custody to the President’s Chief of Staff—an unprecedented move that triggered alarm among legal watchdogs and civil society.

The case was filed by Katiba Institute, a constitutional watchdog, which challenged the legality of the Executive directive, arguing it undermines the constitutional separation of powers and potentially weakens the independence of key state offices.

Justice Mwita ordered all parties to expedite the exchange of legal documents. Respondents have seven days to file their responses to both the petition and the application.

Katiba Institute will then have an additional seven days to respond with any supplementary affidavit and written submissions, capped at ten pages. The respondents will subsequently have the same time to reply.

The case will be mentioned for further directions on July 2, 2025.