NAIROBI, Kenya – The High Court has reiterated that its earlier conservatory orders barring the transfer of the Public Seal of Kenya remain in effect, as it directed all parties involved in the case to comply with pending filings and submissions.
Justice Chacha Mwita, presiding at the Milimani Law Courts, emphasized on Wednesday that the matter raises “fundamental constitutional and legal issues of great public importance” and will be mentioned again on October 27, 2025, to confirm compliance with court directives.
At the center of the legal battle is Executive Order No. 2 of 2023, which sought to move the custodianship of the Public Seal from the Office of the Attorney General to the Head of Public Service within the Executive Office of the President—a decision that has triggered alarm from legal experts and civil society groups.
“The contested Executive action must be subjected to full judicial scrutiny before any further steps are taken,” Justice Mwita stated.
The Public Seal, a constitutional symbol used to authenticate state instruments such as laws and high-level appointments, has traditionally been held by the Attorney General in line with longstanding legal precedent.
However, critics argue that transferring the seal to the President’s Chief of Staff is not only unconstitutional but also a threat to the separation of powers and institutional independence.
The Katiba Institute, which filed the petition, claims the directive undermines the rule of law and could open the door to unchecked presidential authority.
On June 12, the court granted temporary orders halting the transfer, pending determination of the petition.
Justice Mwita confirmed on Wednesday that these conservatory orders remain firmly in place.
