The High Court has issued an order stopping the implementation of a Presidential Executive Order that transferred the Public Seal from the Attorney General’s office to the Head of Public Service in 2023, until a petition filed before it is heard and determined.
On November 1, 2023, President William Ruto issued an executive order dubbed Executive Order No. 2 of 2023, which transferred the Public Seal to the office of the Chief of Staff and Head of Public Service.
Henceforth, Felix Koskei became the “Custodian of the Kenya Public Seal and other instruments of the State for national posterity,” as outlined in the executive order as one of the functions of the Chief of Staff and Head of Public Service.
The order explained that the transfer and other reorganisations in it were meant to enhance efficiency, transparency, and accountability at all levels of government through a governance structure and leadership that ensures rapid delivery of public services to Kenyans in every part of the Republic.
“Now therefore, I, William Samoei Ruto, President of the Republic of Kenya and Commander-in-Chief of the Defense Forces, by the authority vested in me by the Constitution and Statute Laws of Kenya, hereby order and direct that the Government of Kenya shall be organized as set out in this Executive Order; that this Order assigns functions and institutions amongst ministries and State departments as hereunder; and that this Order supersedes Executive Order No. 1 of 2023 issued on the sixth day of January, 2023,” the executive order summary read.
In their petition filed on June 4, 2025, Katiba Institute is seeking a declaration that the Attorney General is the legal and physical custodian of the Public Seal.
Notably, the petitioner urges the court to declare the executive order purporting to 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 as null and void.
Katiba Institute further argues that the transfer of the Public Seal is contrary to Articles 47, 94, and 156 of the Constitution and Section 28 of the Office of the Attorney General Act.
According to the petitioner, the order of transferring the Public Seal is a violation of the Constitution, adding that it was an administrative action taken without the sanction of the law, and the President acted in excess of his powers.
“The President transferred the Public Seal from the Office of the Attorney General to the Executive Office of the President under the specific custody of the Chief of Staff and Head of Public Service,” part of the petition read.
On Thursday, June 12, 2025, Justice Chacha Mwita said that upon considering the pleadings and issues raised in Katiba Institute’s petition, he is convinced that it raises fundamental constitutional and legal matters of great public importance.
“A conservatory order is hereby issued restraining 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,” Justice Mwita ordered.
He further directed that the pleadings be served immediately and responses be filed and served on both the application and petition within seven days from the date of service.
He ordered Katiba Institute to file and serve a supplementary affidavit, if any, together with written submissions to both the application and petition within seven days after service.
The court also directed that the Attorney General Dorcas Oduor and Head of Public Service Felix Koskei each file and serve written submissions to the application and petition within seven days.
The matter will be mentioned on July 2, 2025, for further directions.
