Mwaura: Transfer of government seal to HOPS followed law, no powers taken from AG

Government Spokesman Isaac Mwaura and Deputy President Kithure Kindiki / HANDOUT

Government Spokesperson Isaac Mwaura has clarified that the transfer of the government seal from the office of Attorney General to that of Head of Public Service (HOPS) was conducted lawfully.

Speaking at a press briefing on Monday, Mwaura stated that due process was followed as he reassured the public that the move does not strip the Attorney General of his constitutional role.

“The transfer of custody of the Public Seal from the office of the Attorney General to the Office of the Head of Public Service was conducted in accordance with the law,” Mwaura stated.

“The process is anchored in legislation, which recognises the HOPS as the appropriate holder of the seal.”

According to Mwaura, the AG remains with its powers as the President’s principal legal advisor.

He emphasised that the HOPS, tasked with executing presidential directives, is now the rightful custodian of the seal.

Previously held by the Attorney General, the Public Seal is a special symbol affixed to critical state documents to signify authenticity.

In 2023, Parliament amended the law through the National Government Administration Laws (Amendment) Bill to reassign its custody.

The Kenyan Seal is set out in the Second Schedule of the constitution on the national symbols. It is also found in part nine of Chapter Two of the constitution on national symbols and national days.

The Seal consists of a coat of arms of Kenya set on a grayscale background featuring two lions, a symbol of protection, while holding spears and a traditional East African shield.

The shield and spears symbolise unity and the defence of freedom.

Mwaura also defended the HOPS over his strong anti-corruption stance, noting that resistance within some government institutions was a sign that real reforms were taking place.

“People who are resisting change in government ministries, agencies, and departments are unsettled because, for the first time, we have a head of public service who is resolute and determined to weed out corruption,” he said.

Mwaura highlighted that the adoption of e-procurement systems could save the government up to Sh250 billion annually.

“Our development budget ranges from Sh291 billion to Sh400 billion, depending on the financing model. A significant portion of these funds is lost through corruption due to human interference in procurement,” he explained.