Petition E017 of 2025, filed by Katiba Institute and others, challenges the alleged unlawful transfer of the Public Seal of the Republic of Kenya from the Attorney General to Felix Koskei, Chief of Staff and Head of Public Service, pursuant to Executive Order No. 2 of 2023. On June 13, 2025, the High Court issued a conservatory order suspending implementation of the Executive Order, pending further proceedings. The matter is currently pending before Justice Chacha Mwita, with the next court mention scheduled for July 2, 2025, to determine subsequent directions, including a possible full hearing.
As of the latest information, no final judgment has been delivered, and no appeal has been filed with the Court of Appeal. The case remains active at the High Court, where it continues to test the limits of executive power, constitutional custodianship, and institutional accountability in Kenya’s governance structure.
1. INTRODUCTION
On the face of it, the allegation that Felix Koskei, the Chief of Staff at State House and Head of Public Service, illegally took possession of the Public Seal of the Republic of Kenya might seem like a procedural anomaly, a minor infraction of protocol. But under closer scrutiny, this development represents something far more dangerous: a profound challenge to Kenya’s constitutional order, a test of the judiciary’s independence, and a potential watershed moment in the country’s governance culture.
The case, brought before the High Court, alleges that Koskei appropriated the Public Seal from the Attorney General (AG), whose office is constitutionally mandated to safeguard it. This isn’t merely about a symbolic emblem. The Public Seal is a legal instrument that authenticates the exercise of sovereign authority. It is one of the most significant artifacts of a republic, akin to a national signature, and its unlawful removal or misuse has grave implications.
In this article, we explore what is at stake, not just for Felix Koskei, but for the architecture of Kenyan constitutionalism and the preservation of democratic accountability in an increasingly powerful Executive.
2. THE ROLE OF THE PUBLIC SEAL IN KENYA’S CONSTITUTIONAL FRAMEWORK
To appreciate the seriousness of the allegation, one must understand what the Public Seal represents. In constitutional democracies, a public seal is used to signify the state’s assent to documents of national importance. In Kenya, it is affixed to instruments of state — including international treaties, key presidential appointments, and state proclamations — in accordance with legal and constitutional provisions.
The Constitution of Kenya, 2010, vests the custodianship of the Public Seal in the Office of the Attorney General. It is a responsibility that symbolizes the AG’s central role in ensuring the legality and formality of executive decisions.
Any unauthorized removal or use of the seal amounts to a breach of constitutional procedure. It potentially renders affected instruments legally void, casting doubt on their legitimacy and creating a legal minefield for both domestic and international actors who rely on the authenticity of Kenya’s official acts.
3. FELIX KOSKEI: THE MAN AT THE HEART OF THE STORM
Felix Koskei is no stranger to the corridors of power. As Chief of Staff and Head of Public Service, he holds one of the most influential offices in the land. Reporting directly to the President, Koskei manages the machinery of government and serves as the nexus between the Executive and the bureaucracy.
A former Cabinet Secretary for Agriculture under President Uhuru Kenyatta’s first administration, Koskei is regarded by insiders as a methodical, quiet power broker with strong ties to the presidency. His reemergence as Chief of Staff under President William Ruto was read by many as a strategic consolidation of the President’s control over State House.
But power comes with scrutiny. The allegation that he usurped the constitutional function of the Attorney General by taking custody of the Public Seal opens a Pandora’s box of legal, political, and ethical concerns.
4. THE ALLEGATIONS: AN OVERVIEW OF THE LEGAL CHALLENGE
According to pleadings submitted in court, Koskei is alleged to have “illegally removed the Public Seal from the custody of the Attorney General” and transported it to State House. The move, it is argued, was done without any enabling law, gazette notice, or constitutional amendment.
The petitioners argue that this act amounts to executive overreach and poses a direct threat to the rule of law. By taking control of the seal, Koskei would effectively gain power to affix it to any document - including appointments, dismissals, or treaties - without the formal review or legal advice of the AG’s office.
The implications are chilling. If left unchallenged, this could pave the way for unchecked presidential powers executed through proxies, bypassing constitutional safeguards. The courts are now called upon to decide whether this action constitutes a usurpation of power or falls within the remit of administrative prerogative.
5. SEPARATION OF POWERS AND EXECUTIVE OVERREACH
Kenya’s Constitution enshrines a separation of powers between the Executive, Legislature, and Judiciary. This design seeks to prevent the concentration of power in one arm of government and to ensure checks and balances.
The allegation against Koskei strikes at the heart of this doctrine. It suggests a deliberate consolidation of power within the Executive - specifically, within the presidency - and an erosion of institutional independence. If the Public Seal can be relocated from the AG’s office to State House at the will of a presidential appointee, what stops similar moves in other vital areas of governance?
This is how democratic backsliding begins - not through dramatic coups, but through incremental violations of the rules that bind government power.
6. THE ATTORNEY GENERAL’S CONSTITUTIONAL ROLE
Under Article 156 of the Constitution, the Attorney General is the principal legal adviser to the government. The AG is mandated to uphold the rule of law and ensure that every action by the state is legally sound.
The custodianship of the Public Seal is a reflection of this function. It ensures that every document bearing the President’s authority has been reviewed and cleared through proper legal channels. Stripping the AG of this role not only diminishes the office but also creates a dangerous precedent of sidelining legal oversight in state affairs.
The controversy reveals a deeper tension in Kenyan governance: the push-and-pull between legal procedure and political expediency.
7. STATE HOUSE AND THE SHADOW OF IMPUNITY
State House, as the apex of executive power in Kenya, has long been accused of operating above the law. From procurement scandals to constitutional violations, successive administrations have often used State House as a shield from accountability.
The Koskei incident risks reinforcing this perception. It raises the question: Can a presidential aide, however senior, override constitutional roles simply because they serve at the pleasure of the President? And if the courts fail to draw a line, what does that mean for the rest of the constitutional order?
Koskei may be acting with presidential backing, but if his actions are found to be illegal, it would also place President Ruto in the spotlight - as the ultimate authorizer of a violation of constitutional protocol.
8. POLITICAL SYMBOLISM AND THE STRUGGLE FOR INSTITUTIONAL INTEGRITY
Symbols matter in governance. The Public Seal, like the national flag or coat of arms, is not just a physical item - it is a manifestation of state legitimacy. Who controls it is a statement about who holds power in the republic.
By allegedly taking the seal, Koskei may have sent a message - intentional or otherwise - that legal niceties can be set aside when political interests demand it. This undermines efforts to build institutional trust, particularly at a time when public confidence in government is already fragile.
Kenya’s institutions have made significant strides since 2010, but they remain vulnerable to elite capture. This controversy is a litmus test of whether those institutions can withstand political pressure.
9. WHAT THIS MEANS FOR THE RULE OF LAW IN KENYA
At its core, this case is about the rule of law - the idea that no one, not even the President or his Chief of Staff, is above the Constitution. The casual disregard for constitutional procedures, if proven, would not only taint the Office of the President but also encourage other state officers to flout the law with impunity.
Already, some civil society actors have warned that failure to act decisively will open the door to other forms of administrative lawlessness - including illegal appointments, procurement violations, and constitutional amendments by stealth.
The rule of law is not self-executing. It requires vigilance, judicial courage, and public demand. This case may well become a defining moment in Kenya’s post-2010 legal order.
10. COMPARATIVE REFLECTIONS: PUBLIC SEALS IN OTHER JURISDICTIONS
Globally, the use and custodianship of national seals is tightly regulated. In the United States, the Great Seal is maintained by the Department of State and its use is governed by strict protocol. In the UK, the Great Seal is held by the Lord Chancellor and is affixed only in ceremonial acts authorized by the Crown.
In both cases, the common denominator is legal oversight. Political appointees do not have free rein to access or apply the seal. This is not merely a matter of tradition but a guardrail against authoritarianism.
Kenya must learn from these systems. If political aides can casually override legal structures, the sanctity of constitutional democracy begins to erode.
11. THE JUDICIARY’S TEST: INDEPENDENCE OR CAPITULATION?
The ball is now in the Judiciary’s court. Will the judges rise to the occasion and reaffirm the supremacy of the Constitution, or will they bow to political pressure? The integrity of the entire legal system rests on this decision.
Kenyans will be watching closely. This case, though seemingly technical, has become a referendum on judicial independence. It could also embolden or dissuade future challenges to executive excesses, depending on the outcome.
The Judiciary must be reminded: history judges the courageous, not the compliant.
12. CONSTITUTIONAL REMEDIES AND THE WAY FORWARD
If the court finds Koskei’s actions unlawful, it must go beyond mere declarations. There must be consequences - including sanctions, possible criminal investigation, and restoration of the Public Seal to the lawful custodian.
Parliament must also act. A clearer statutory framework should be enacted to regulate the use and custody of national symbols, ensuring they cannot be appropriated by political operatives.
Civil society and legal scholars must sustain the debate and push for greater accountability. The public seal controversy is not just about one man - it’s about who we are as a nation.
13. CONCLUSION: THE CRISIS OF LEGITIMACY IN KENYA’S ADMINISTRATIVE ORDER
Felix Koskei’s alleged appropriation of the Public Seal may seem like a bureaucratic footnote. But it is anything but. It is a mirror reflecting the deeper malaise afflicting Kenya’s governance - the erosion of constitutionalism, the weaponization of political appointments, and the fragility of legal safeguards.
At stake is the credibility of the Executive, the authority of the Attorney General, the independence of the Judiciary, and the faith of the people in the rule of law.
This moment demands clarity, courage, and commitment. Anything less would be a betrayal of the constitutional promise that Kenya made to itself in 2010: that all power shall be exercised lawfully, and all symbols of state - including its Public Seal - shall serve the republic, not individuals.
_________________________________________________
Author's Bio: Teddy Okello is an Advocate of the High Court of Kenya and Program Lead at the Institute for Policy and Diplomacy, Nairobi, Kenya. His work focuses on review, critique and development of national and regional frameworks for governance, finance, health, infrastructure, climate change, international trade, peace and security and geopolitics. Tel: +254715310677.
No comments:
Post a Comment