I have the Public Seal; AG Dorcas Oduor clarifies

The Attorney General (AG), Dorcas Oduor, has affirmed that the Public Seal is under her custody, contradicting earlier media reports suggesting otherwise.

The seal is used to stamp critical documents to represent the government, to show they are authentic and official.

While addressing the press on Thursday, the AG emphasized that the position remains unchanged and has not been moved to the office of the Head of Public Service (HOPS).

“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 stated.

The AG also acknowledged that they work together as a government, dispelling any rumours over the custody of the key State instrument.

“As a government, we work together under the leadership of the President, as a united team,” Oduor said.

The clarification comes after Government Spokesman Isaac Mwaura made contradicting statements regarding the seal’s custody.

On May 19 he had told journalists that the Seal is at the HOPs and then made a u-turn on May 22, clarifying that it sits at the AG’s office.

Mwaura explained that the confusion arose from a proposed amendment in the National Administration Laws (Amendment) Bill, 2023, which sought to make the HOPS, Felix Koskei as the sole custodian of the Public Seal.

"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," Mwaura stated.

The Public Seal controversy has drawn attention due to its critical role in stamping and certifying official government documents.

Former AG Justin Muturi had raised concerns about the alleged transfer, warning of accountability issues if documents could be signed and bear the Public Seal without the AG's legal oversight.

Muturi had claimed the transition was secretly done via the Bill and passed quietly in Parliament to avoid public scrutiny, describing it as 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," Muturi said.