A human rights group has sued Attorney General Dorcas Oduor and Head of Public Service Felix Koskei over the transfer of the public seal from the AG’s office to the Office of the President.
In a case filed at the Milimani High Court, the Katiba Institute, represented by their lawyer Kevin Walumbe, claims that the public seal was moved illegally.
The organisation argues that this change happened through an Executive Order, a move it believe violates the Constitution and the separation of powers.
“Moving the seal from the Attorney-General’s office to the President’s office centralizes the power to approve and seal important national agreements without the Attorney General’s consent,” Katiba Institute argued.
AG Dorcus Oduor and Felix Koskei Sued Over Public Seal
The petitioner also argued that this transfer eliminates the need for the Attorney General to provide legal advice before executive actions become binding on all state bodies.
Furthermore, the group noted that the Attorney General was given the sole responsibility over the public seal to ensure involvement in important public decisions.
“When documents are sealed, they have legal authority and bind all state organs. The Attorney General should approve key public decisions to prevent misuse,” Walumbe added.
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The Katiba Institute also said that President William Ruto made an order without going through Parliament, which ultimately takes power away from the Attorney General and limits the House’s ability to create laws.
The discussion about the transfer of the public seal from AG‘s Office to the President’s office has dominated news headlines for a while.
AG Dorcus Oduor Denies Claims of Transfer of Public Seal
Government Spokesperson Isaac Mwaura initially stated on May 19, 2025, that the Public Seal of Kenya had been transferred from the Attorney General’s office to the Head of Public Service, claiming the move was lawful.
However, on May 22, 2025, he retracted this statement, clarifying that the Public Seal remains under the custody of the Attorney General, as per Article 9 of the Kenyan Constitution and Section 28A of the Office of the Attorney General Act.
Also Read: Govt Forced to Clarify Ruto Taking Control of Public Seal
Mwaura explained that the confusion arose from a proposed amendment in the National Administration Laws (Amendment) Bill, 2023, which sought to designate the Head of Public Service as the custodian but was rejected by Parliament.
This retraction followed public criticism and conflicting statements, with some accusing Mwaura of causing confusion.
Attorney General Dorcas Oduor later confirmed on May 29, 2025, that her office retains custody of the Public Seal, dismissing claims of any transfer.
“The custody of the Public Seal is clearly provided for by law, and that position remains unchanged. I am still in custody of the Seal, contrary to what has been reported in the media,” Oduor said.
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