The High Court has extended orders blocking the implementation of a presidential directive that sought to transfer the custody of the Public Seal from the Attorney General’s office to the Head of Public Service. The ruling was issued by Milimani High Court Judge Chacha Mwita, who emphasized that all parties must adhere to previous court directions regarding the filing of responses and submissions.
The case, filed by the Katiba Institute, challenges Executive Order No. 2 of 2023, which restructured various government functions and assigned the Public Seal’s custody to the Chief of Staff and Head of Public Service. The petitioner argues that this action was unconstitutional and undermines the legal mandate of the Attorney General as the rightful custodian of the Public Seal.
During the court session, lawyer Kevin Walumbe, representing the Katiba Institute, informed the court that despite serving the pleadings, they had not received any responses from the Attorney General’s office. Principal State Counsel Samwel Kaumba confirmed that the AG’s office had indeed received the documents and stated that a draft replying affidavit had been prepared and forwarded for review. Kaumba further argued that the petition may have been overtaken by events since it stemmed from Executive Order No. 1 of 2023, which is no longer active. However, the judge instructed that such points be raised in a formal response as required by previous orders.
Justice Mwita reiterated that the conservatory orders he issued on June 12, 2025, halting the implementation of the executive order remain valid until the petition is heard and determined. The judge stressed the need for a proper response from all parties involved to allow the court to address the substantive issues raised.
The contested Executive Order No. 2 of 2023 had declared Felix Koskei, the Chief of Staff and Head of Public Service, as the custodian of the Public Seal and other key instruments of state. The government argued that the restructuring was intended to improve governance, enhance transparency, and accelerate service delivery across the country.
However, Katiba Institute contends that this move contravenes constitutional provisions, particularly Articles 47, 94, and 156, as well as Section 28 of the Office of the Attorney General Act. They argue that the President acted beyond his constitutional powers by executing an administrative action without legal backing.
Justice Mwita had earlier found that the petition raised serious constitutional questions of public importance and directed all parties, including the Attorney General and Felix Koskei, to file written submissions. The matter is scheduled for mention on October 27, 2025, to confirm compliance with these directions.
