Attorney General Dorcas Oduor has affirmed that the Public Seal remains under her custody, countering earlier media reports and government statements that suggested a transfer to the Office of the Head of Public Service (HOPS).
Speaking during a press conference on Thursday, Oduor made it clear that the constitutional and legal provisions concerning the custody of the Public Seal remain unchanged.
“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,” she said.
The Public Seal, a critical state instrument used to authenticate official government documents, became the subject of public debate after Government Spokesman Isaac Mwaura made contradictory remarks regarding its location.
Back-and-Forth Over Custody
On May 19, Mwaura told journalists that the seal had been moved to the HOPS, currently held by Felix Koskei. However, he reversed his position on May 22, acknowledging that the seal remains with the AG as per Article 9 of the Constitution.
“The Public Seal is actually under the custody of the Attorney General,” Mwaura clarified. “The confusion may have arisen from a proposed amendment in the National Administration Laws (Amendment) Bill, 2023.”
That bill sought to legally designate the HOPS as the sole custodian of the Public Seal — a move critics argue would bypass the legal oversight traditionally provided by the AG’s office.
‘We Work as One Government’
Oduor dismissed any suggestion of institutional rivalry, reiterating that the executive operates as a coordinated team under the leadership of the President.
“As a government, we work together under the leadership of the President, as a united team,” she said, urging the public not to read division into administrative duties.
Muturi Raises Accountability Alarm
The seal saga has drawn in former Attorney General Justin Muturi, who warned that placing the seal outside the AG’s custody could erode legal accountability in state operations.
“If documents can be signed and bear the Public Seal without the AG’s legal advice, that is a serious issue,” Muturi said.
“I’m sure they are avoiding accountability by transferring such matters to the HOPS office.”
He further alleged that the attempted change was buried in legislation and passed without adequate public engagement, calling it “a recipe for disaster.”