Government Spokesperson Isaac Mwaura/HANDOUTWhile addressing the press on Monday, Mwaura went on record stating that the special symbol is with the office of the Head of Public Service and that due process was followed in transferring it.
“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.”
Speaking on Thursday, however, Mwaura stated that the Seal is with the office of the AG as per Article 9 of the constitution.
He noted that parliament deleted a proposal to amend the National Administration Laws (Amendment) Bill, 2023, which sought to make the HOPS as sole custodian.
“The Public Seal is with the Attorney General and not HOPS. That is disinformation that came as a result of a process in parliament which never went through. We withdraw and clarify that,” he said.
While defending the move, Mwaura assured the public that this does not strip the AG of his constitutional role as she remains with her powers as the President’s principal legal advisor.
The statement by the spokesperson also follows a report in some sections of the media stating that President William Ruto allegedly transferred the Seal quietly mid-last year.
In response, Rarieda MP Otiende Amollo dismissed the claims, terming them "inaccurate reporting."
There is no legal basis upon which the Public Seal can be removed from the AG. We removed the intended mischief & S. 28 of the Act remains intact," he said.
"There is no law that allows this. Any movement is unlawful."
The Kenyan Seal is set out in the Second Schedule of the Constitution of the national symbols.
It is also found in part nine of Chapter Two of the Constitution on national symbols and national days.
The special symbol is affixed to critical state documents to signify authenticity.
The Seal consists of a coat of arms of Kenya set on a grayscale background featuring two lions, a symbol of protection, holding spears and a traditional East African shield.
The shield and spears symbolise unity and the defence of freedom.
