High Court upholds freeze on Public Seal transfer pending full hearing

The High Court has directed all parties in a case challenging the alleged transfer of the Public Seal of Kenya to comply with earlier orders on the filing of responses and submissions.

The matter, which questions the legality and constitutionality of transferring the seal from the Office of the Attorney General to the Head of Public Service in the Executive Office of the President, will be mentioned on October 27 to confirm compliance.

Justice Chacha Mwita, sitting at the Milimani Law Courts in Nairobi, emphasized that the conservatory orders previously issued remain in force until further directions are given by the court.

Specifically, the order stopping the transfer of the Public Seal will continue to apply.

Justice Mwita noted that the contested transfer, initiated through Executive Order No. 2 of 2023 raises "fundamental constitutional and legal matters of great public importance" that warrant full judicial scrutiny before any further action can be taken.

On June 12, the court issued a conservatory order stopping the transfer of 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.

The Public Seal, a potent symbol of state authority, has traditionally rested with the Attorney General as per established constitutional practice.

The Executive Order had sought to relocate its custody to the President’s Chief of Staff, an unprecedented move that triggered alarm among legal watchdogs and civil society.

The case was filed by Katiba Institute, a constitutional watchdog, which challenged the legality of the Executive directive, arguing it undermines the constitutional separation of powers and potentially weakens the independence of key state offices.