I still hold the Public Seal - Attorney General Dorcas Oduor
The confusion stems from reports that the seal had been shifted from the AG’s office to the Head of Public Service through the National Administration Laws (Amendment) Bill, 2023.
Attorney General Dorcas Oduor has reaffirmed that the Public Seal remains under her custody, pushing back against media reports and government statements suggesting it had been moved to the Head of Public Service.
The Public Seal is a key national symbol used to stamp and authenticate official government documents, as recognised in the Second Schedule of the Constitution.
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“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 on Thursday.
The confusion stems from reports that the seal had been shifted from the AG’s office to the Head of Public Service through the National Administration Laws (Amendment) Bill, 2023.
The Bill had proposed to amend the Office of the Attorney-General Act, 2012, effectively stripping the Attorney General of the power to host the Seal.
Government Spokesperson Isaac Mwaura initially defended the move, saying, “The process is anchored in legislation, which recognises the HOPS as the appropriate holder of the seal,” during a press briefing on May 19.
However, just days later, Mwaura reversed his stance and clarified that the proposed amendment had been deleted by Parliament, and the Seal had not been moved.
“The Public Seal is under the custody of the Attorney General as per Article 9 of the Constitution. This needs to go on record that the Public Seal is not with the Head of Public Service, it's still with the AG, and that is misinformation that came as a result of a process in Parliament, and it was deleted,” he said on May 22.
Oduor also emphasised that the government operates as a united front, dismissing any notion of internal conflict over the matter.
“As a government, we work together under the leadership of the President, as a united team,” she said.
Former Attorney General Justin Muturi had earlier raised concerns about the attempted shift, warning it could weaken legal checks on the use of the Seal. He claimed the transition was made to avoid scrutiny from the AG's office.
“If documents can be signed and bear the public seal without the AG's legal advice, that is a serious issue. I'm sure that they are avoiding accountability by transferring such matters to the HOPS office,” Muturi said.
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