Lobby sues state over Public Seal transfer, alleges illegal power grab by Executive

A human rights lobby has sued the Head of Public Service, Felix Koskei and the Attorney General, Dorcas Oduor, over the public seal.

Katiba Institute argues that the Seal was illegally moved from the AG to the hands of Koskei through an Executive Order.

It claims that Executive Order No. 2 of 2023 remains operational despite its clear violation of the Constitution and the separation of powers.

Katiba Institute said President William Ruto bypassed Parliament through an Executive Order. According to the lobby, the move is an usurpation of the powers conferred on the AG and the House's powers to make laws.

"Parliament rejected a proposal to legalise the action through legislation," they argue.

The lobby adds that the transfer of the seal from the Office of the Attorney-General to the Office of the President effectively centralises the power to approve and seal important national agreements without the Attorney General's approval.

"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," it said.

The court heard that the Seal, which is fixed on critical documents, agreements and treaties to give them legality, is a symbol of the government's authority.

Additionally, the lobby said 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 to avoid improper use.

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• Lobby sues state over Public Seal transfer
• alleges illegal power grab by Executive