The High Court has issued conservatory orders halting the implementation of the controversial transfer of the Public Seal from the Attorney General to the Head of Public Service.
Justice Chacha Mwita delivered the ruling on Thursday, June 12, stating that the transfer raised fundamental constitutional and legal issues of public importance that must be fully heard before any action is taken. "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 court decision came barely 24 hours after lobby group Katiba Institute filed a petition on Wednesday.
In the petition, they argued that Executive Order No. 2 of 2023 remained operational despite clearly violating the Constitution and the doctrine of separation of powers.
