- The Kenyan Seal is set out in Second schedule of the Constitution on the national symbols.
- It is a special mark of symbol affixed on important documents to show that they are real and official.
The Attorney General will no longer be the custodian of the Public Seal as has been the tradition if MPs give a nod to an Amendment Bill before the National Assembly.
The National Government Administration Laws (Amendment) Bill, 2023 which was read Wednesday for the first time seeks to among other changes transfer this to the office of the head of public service.
Being the custodian of the seal comes with critical and significant privileges as opined by lawyer Javas Bigambo.
It implies that the primary endorsement will no longer be sought from the Attorney General for the utility of the seal.
So, what is the Public Seal?
A Public Seal is a special symbol mark affixed on important documents to show that they are real and official.
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.
Other national symbols are the national flag, the national anthem and the coat of arms.
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 symbolize unity and the defence of freedom.
It is encircled by the words “Kenya” at the top and “Government” below.
It also contains images of agricultural produce grown in various parts of the country dotted around it.
Bill
Bigambo observes that if the amendment sails through, the head of public service will have immense powers to use the seal for such authority and reduce the authoritative lustre currently at the AG office.
Felix Koskei is the current head of public service and doubles up as the chief of staff.
“The political and administrative implication of this is that it will make the head of the public service a huge giant in the public service,” he states.
The Seal, Bigambo states, signifies the ultimate authority and endorsement of a particular decision with the full authority or concurrence of the government.
“The office of the head of the public service will have unparalleled authority in public matters that have initially required the AG to approve...it means it will not have to be sought anymore,” he adds.
Other proposed changes to the Bill are the functions of entities such as the Assumption of the Office of President Committee, the National Security Council and the Office of the Attorney-General.
The Bill by National Assembly Majority Leader Kimani Ichung'wah seeks to include the Secretary to the National Security Council and the principal secretary responsible for Defence as members of the Assumption of Office of the President Committee.