Court halts transfer of public seal to Head of Public Service, cites constitutional concerns
In his ruling on Wednesday, June 12, 2025, Justice Chacha Mwita stated that the case raises critical constitutional and legal issues that warrant judicial scrutiny.
The High Court has dealt a blow to the Office of the President by issuing a conservatory order suspending a directive that sought to transfer custody of the public seal from the Attorney General to the Head of Public Service.
The suspension targets Executive Order No. 2 of 2023, which proposed to relocate the seal, a powerful emblem of state authority, from the Office of the Attorney General to the Head of Public Service in the Executive Office of the President.
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In his ruling issued on Wednesday, June 12, 2025, Justice Chacha Mwita said the case raises critical issues requiring judicial examination.
Fundamental constitutional matters
“I am satisfied that the petition raises fundamental constitutional and legal matters of great public importance,” Justice Mwita said.
The petition challenging the directive was filed by Katiba Institute, a civil society organisation focused on constitutional governance.
The institute argued that the Executive Order undermines the principle of separation of powers and threatens the independence of key constitutional offices.
In response to the arguments raised, Justice Mwita issued a conservatory order stopping the implementation of the contested directive “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.”
In addition to the conservatory orders, the court issued timelines for parties to respond to the petition and application, both dated June 4, 2025.
“It is hereby ordered: That the pleadings be served immediately,” Justice Mwita ruled.
File responses
The court further ordered that the respondents, including the State Law Office, file and serve their responses to both the application and the petition within seven days from the date of service.
The petitioner, Katiba Institute, will then have seven days after service to file and serve any supplementary affidavit and written submissions, limited to ten pages.
After that, the respondents will also be given seven days to file and serve their written submissions, also capped at ten pages for both the application and the petition.
Justice Mwita scheduled the matter for further directions on July 2, 2025.
A penal notice was also issued, warning of serious legal consequences for any party that fails to comply with the court’s orders.
“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,” the order reads.
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