The High Court has issued interim orders suspending the implementation of Executive Order No. 2 of 2023, which transferred the custody of Kenya’s Public Seal from the Office of the Attorney General to the Chief of Staff. The orders were issued in a constitutional petition filed by Katiba Institute. In his ruling, Justice Chacha Mwita acknowledged the petition’s significance, stating that it raises fundamental constitutional and legal issues of public importance. He issued a conservatory order, restraining the implementation of the Executive Order to the extent that it reorganizes government and transfers the Public Seal from the Attorney-General’s custody to the Head of Public Service in the Executive Office of the President. Katiba Institute, a constitutional watchdog, argues that the Executive Order is unconstitutional and violates democratic principles, including the separation of powers. The Public Seal, a national symbol established under Article 9 of the Constitution, is used to authenticate official documents, agreements, and treaties on behalf of the government. According to the Office of the Attorney General Act, the Attorney-General, as Kenya’s principal legal adviser and a constitutional office, is expressly conferred with the custody of the Public Seal. Despite this legal framework, President William Ruto’s Executive Order, issued in 2023, directed that the Public Seal be placed under the custody of the Chief of Staff. The petitioner contends that this move effectively eliminates the requirement for the Attorney General to provide legal advice and approval before executive actions become legally binding on all State organs. The petitioner argues that the President’s directive contravenes Article 94, which bars any person or body other than Parliament from exercising legislative powers or making provisions that have the force of law. It also violates Articles 156, 157, and 232, which outline the functions and independence of the Attorney General, as well as the values and principles of public service, including transparency, accountability, and integrity. The petitioner further points out that the National Assembly rejected an attempt to legislate the same change through the National Government Administration Laws (Amendment) Bill, 2023. A provision in the bill, specifically Clause 8(7)(d), had proposed that the Public Seal be held by the Head of Public Service. However, this clause was struck out by Parliament following recommendations from the Justice and Legal Affairs Committee (JLAC). Unlike the Attorney-General, who enjoys security of tenure and whose functions are stipulated in the Constitution and statute, the Head of Public Service serves at the discretion of the President and is thus subject to the President’s control and direction. The petitioner argues that the transfer of the Public Seal violates the principle of separation of powers and undermines the independence of the Attorney-General’s office. Justice Mwita ordered all parties to expedite the exchange of legal documents. Respondents have seven days to file their responses to both the petition and the application. Katiba Institute will then have an additional seven days to respond with any supplementary affidavit and written submissions, capped at ten pages. The respondents will subsequently have the same time to reply. The case will be mentioned for further directions on July 2, 2023. In the petition, the Attorney-General and Felix Koskey, the Head of Public Service, have been sued.