Kisii Senator Richard Onyonka has waded into the growing controversy surrounding the transfer of the Public Seal, claiming it reflects a deeper issue—President William Ruto’s apparent loss of confidence in Attorney General (AG) Dorcas Oduor.
Speaking on Citizen TV, Onyonka asserted that the real issue at hand isn’t merely about the Public Seal’s custody, but about trust in the AG herself.
“I don’t think this issue is about the seal. This issue is talking about the person who has the job of Attorney General. The president does not have the trust that the person he has given the responsibility of advising him on legal matters cannot keep that seal,” said Onyonka.
He went on to suggest that AG Oduor should consider stepping down, stating, “If I was her, I would resign. It basically says the President has no confidence in you.”
Controversial Transfer
Reports had earlier indicated that the Public Seal—an important national symbol recognized in the Second Schedule of the Constitution—was transferred from its traditional custodian, the AG, to the Head of Public Service (HOPS).
The move was allegedly facilitated by the National Assembly through the Administration Laws (Amendment) Bill, 2023, which proposed to amend the Office of the Attorney-General Act, 2012, and strip the AG of this custodial role.
Government’s Mixed Messaging
Government Spokesperson Isaac Mwaura initially defended the shift, saying it was grounded in law and proper government procedure.
“The process is anchored in legislation, which recognizes the HOPS as the appropriate holder of the seal,” Mwaura told reporters on May 19.
However, just days later on May 22, Mwaura walked back those remarks, acknowledging that Parliament had actually deleted the proposal in question.
“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,” he clarified.
Former AG Weighs In
Former Attorney General Justin Muturi also criticized the apparent effort to shift custody of the seal, arguing that it signaled an attempt by the executive to bypass legal checks and balances.
“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 in an interview with The Standard.
Political and Legal Implications
The debate has ignited discussions about the independence of the Attorney General’s office and the implications of centralizing symbolic state functions within the executive. Legal experts warn that if such decisions proceed without constitutional clarity, they could undermine the rule of law and weaken institutional oversight.
Despite assurances from the government that the Public Seal remains under the AG’s custody, the controversy has already spotlighted perceived tensions within President Ruto’s administration—and raised questions about how much authority remains with the country’s top legal advisor.
