Isaac Mwaura backtracks on claim Public Seal was moved from AG’s office

Government Spokesperson Isaac Mwaura has taken a U-turn on his previous remarks that the Public Seal was moved from the Attorney General's custody to the Office of the Head of Public Service.

Speaking to the press on Thursday, Mwaura explained that the clause was proposed in the National Administration Laws (Amendment) Bill, 2023, which sought to make the Head of Public Service (HOPS) Felix Koskei as the sole custodian of the Public Seal. 

He reiterated that Parliament deleted the proposal before the Bill was passed into law, emphasising that the seal remains with the Attorney General.

"The Public Seal is actually under the custody of the Attorney General as per Article 9 of the Constitution and if you look at the Office of the Attorney General Act clause 2: Designation of Terms, it clearly states exactly that," he stated. 

"This needs to go on record that the Public Seal is not with the Head of Public Service and that misinformation came as a result of Parliament and it was a proposal that was deleted."

The Public Seal has been a subject of contention as it is used to stamp critical documents to represent the government and certify official documents. 

Mwaura had earlier on claimed that the Seal was moved to Koskei's office according to the law.

“The process is anchored in legislation, which recognizes the HOPS as the appropriate holder of the seal,” he told the press on Monday.

Former Attorney General Justin Muturi, who has recently been exposing alleged underhanded deals concocted by President William Ruto, claimed that the seal was in Koskei's hands, citing a recipe for disaster for the country. 

"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," he told The Standard.

Muturi claimed that the transition was secretly done via the Bill and passed quietly in Parliament to avoid public scrutiny.

"That tradition was upended last year when Parliament quietly passed amendments shifting the Seal's custody to the Head of Public Service, a position with no direct constitutional mandate and whose holder is neither vetted by Parliament nor subject to the same legal scrutiny as the AG," he added.