The Head of Public Service Felix Koskei and Attorney General Dorcas Oduor have been sued over the Public Seal.
A human rights lobby filed the case yesterday before Justice Chacha Mwita, arguing that the Seal was illegally moved from the AG to the hands of Koskei through an Executive order.
Katiba Institute claims that Executive Order No 2 of 2023 remains operational despite its clear violation of the Constitution and the separation of powers. "The transfer of the seal from the Office of the Attorney-General to the Office of the President effectively centralizes the power to approve and seal important national agreements without the Attorney General's approval," lawyer Kevin Walumbe told the court. "Further, it removes the need for the Attorney-General to give legal advice and approval before Executive actions are made legally binding on all State organs." The court heard that the Seal, which is fixed on critical documents, agreements and treaties to give them legality, a symbol of the government's authority. "Once affixed with the public seal, documents gain legal authority and are binding on all organs of the State.
The rationale for making the Attorney General the custodian of the Public Seal was to ensure the Attorney General's approval in key decisions relating to public matters prior in an aim to avoid improper use," Walumbe argued.
