The High Court halts the transfer of Kenya’s Public Seal from the Attorney General’s office to the Head of Public Service. This decision follows a petition by Katiba Institute, a constitutional rights group, challenging the legality of the move.
Justice Chacha Mwita ruled on Thursday, June 12, 2025, that the transfer raises serious constitutional issues. The court has temporarily blocked the implementation of Executive Order No. 2 of 2023, which aimed to shift custody of the Seal.
The controversy centers on constitutional violations and separation of powers. The Attorney General traditionally safeguards the Public Seal to ensure legal oversight. However, the executive order bypassed Parliament, prompting concerns about overreach.
Initially, the National Assembly Administration Laws (Amendment) Bill, 2023 proposed changes to the Office of the Attorney-General Act, 2012. Parliament rejected these amendments, emphasizing the Attorney General’s critical oversight role. Despite this, President Ruto proceeded with the executive order, leading to the legal challenge.
After reviewing the petition, the High Court determined that the case warranted intervention. Justice Mwita stressed that the matter involved key constitutional concerns requiring judicial review. The court has scheduled the case for mention on July 2, 2025, allowing both parties to present further arguments.
By blocking the transfer, the High Court reinforces constitutional governance and legal oversight. The ruling highlights the importance of maintaining institutional checks on executive power.
