NAIROBI, Kenya — A storm is brewing around President William Ruto’s administration after reports emerged suggesting that the custody of the Public Seal — one of Kenya’s most powerful state instruments — had been quietly moved from the Attorney General’s office to the Head of Public Service (HOPS), a position with no constitutional mandate to hold it.
The development, allegedly sanctioned through the now-contentious Administration Laws (Amendment) Bill, 2023, has stirred national debate over the legality and motives behind the attempted transition.
The Public Seal, enshrined in the Second Schedule of the Constitution and long regarded as a symbol of state authority, is typically affixed to critical documents — including international treaties and government contracts — to denote authenticity and legal approval.
Since independence, the Attorney General has been its official custodian.
Early reports indicated that the Bill proposed the HOPS — currently Felix Koskei — as the new holder of the Seal, a move critics feared could dilute legal safeguards and potentially open the door to abuse of power.
The legislation stated that the HOPS “shall serve at the President’s pleasure, and shall be the custodian of the Public Seal and any other instruments of State not held by another person.”
Government Spokesperson Isaac Mwaura initially defended the proposed transition, stating it had been “anchored in legislation.”
However, in a dramatic reversal on Thursday, Mwaura clarified that the clause transferring the seal had been deleted during the parliamentary process and that the seal remains with the Attorney General.
“The Public Seal is under the custody of the Attorney General as per Article 9 of the Constitution. That is the official position,” he said.
Despite this clarification, concerns continue to mount. Former Attorney General Justin Muturi expressed alarm at the mere suggestion of removing the AG from this constitutional role.
He warned that such a shift would compromise legal oversight, undermine accountability, and enable state documents to be signed without the benefit of proper legal scrutiny.
“If documents can be signed and bear the Public Seal without the AG’s legal advice, that’s a serious issue. We should expect chaos,” Muturi cautioned.
The backlash has drawn attention from civil society groups.
Khelef Khalifa, Executive Director of Muslims for Human Rights (MUHURI), has written to Attorney General Dorcas Oduor demanding full disclosure of whether public participation was conducted in line with constitutional requirements before any move to reassign the seal.
The letter invokes Article 35 of the Constitution, which grants citizens the right to access information held by the state.
The legal position is clear: Article 156(4) of the Constitution, along with Section 28A of the Office of the Attorney General Act, mandates the AG to be the sole custodian of the seal and the only office authorised to use it.
Any deviation from this framework would require substantial legal justification and broad consultation, neither of which has been demonstrated publicly.
Experts and observers now warn that even the perception of tampering with such a vital national symbol could erode trust in public institutions.
As questions continue to swirl, calls for transparency and accountability are growing louder, with demands for Parliament and the Executive to clarify their intentions and preserve the integrity of constitutional instruments.
