The High Court has issued conservatory orders stopping the transfer of the Public Seal from the Attorney General to the Head of Public Service, following a petition challenging Executive Order No. 2 of 2023.

Justice Chacha Mwita made the ruling on Thursday, June 12, stating that the matter raises serious constitutional and legal issues that must be fully examined before any changes can be implemented.

“A conservatory order is hereby issued restraining or stopping implementation of Executive Order No. 2 of 2023 to the extent that it purports to reorganise 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,” the judge ruled.

The decision came just a day after Katiba Institute filed a petition in court. The lobby group argued that the Executive Order violated the Constitution and undermined the doctrine of separation of powers.

Executive Order No. 2 of 2023 outlines the structure of the national government, defining the roles of Ministries, State Departments, and Agencies.

One of its most contested provisions is the transfer of the Public Seal, a symbol of state authority, from its traditional home under the Attorney General to the Head of Public Service.

Katiba Institute claimed that the Executive Order bypassed Parliament and amounted to a power grab by the Executive.

The proposed transfer was supported by the National Assembly Administration Laws (Amendment) Bill, 2023, which aimed to change the Office of the Attorney-General Act, 2012, effectively removing the Attorney General’s role in keeping the Seal.

After reviewing the petition, Justice Mwita found the issues raised to be of major public interest.

“This matter coming up for directions on the Notice of Motion and Petition… I am satisfied that the petition raises fundamental constitutional and legal matters of great public importance,” he stated.

The court’s order stops any move to implement the directive involving the Public Seal until further direction is given.

The judge also directed the petitioner to file supplementary affidavits and written submissions within seven days. Respondents will also have seven days to submit their replies.

The Public Seal is an official national symbol used to authenticate key government documents.

It features Kenya’s coat of arms on a grayscale background, flanked by two lions holding spears and a traditional East African shield.

The Seal signifies the legitimacy and authority of the Kenyan state, and its placement on documents confirms official approval.