How plot to move Public Seal was actualised during last year's June protests

President William Ruto installs the public seal of the Republic of Kenya for the conferment of City status to Eldoret Municipality at the Eldoret Sports Club in Uasin Gishu County. [PCS] As Kenyans grappled with the fallout from last year's Gen Z protests, President William Ruto quietly moved to actualise his dream of empowering the Office of the Chief of Staff and Head of Public Service (HOPS)-an office experts say lacks explicit recognition in the Constitution. During the same period, when abductions, torture, and enforced disappearances dominated headlines and dozens of people were missing, Ruto's administration secretly transferred the Public Seal-meant to safeguard the public interest-from the Office of the Attorney General (AG) to the Head of Public Service, Felix Koskei. This shift coincided with the removal of then-AG Justin Muturi and the appointment of his successor, Dorcas Oduor. Amid widespread public distress, state officials were deliberating changes to the Public Seal-who should use it, and how-according to reports from State House and Parliament. When The Standard asked AG Oduor whether the seal remained in her custody, she responded curtly: "Good morning. The Executive Order being referred to is for 2023. Kindly talk to the AG then." The Public Seal-alongside the flag, anthem, and coat of arms-is a national symbol defined in Chapter Two, Part Nine, and the Second Schedule of the Constitution. It features the coat of arms on a grayscale background, with lions, spears, a shield, and agricultural imagery, surrounded by the words "Kenya" and "Government." It is affixed to official documents to authenticate them. According to Executive Order No. 2 of 2023, issued in November 2023: "The Chief of Staff and Head of the Public Service shall be the custodian of the Kenya Public Seal and other instruments of state for national posterity." Lawyers, scholars, political leaders, and insiders at the AG's office warn that shifting the Public Seal to State House risks dismantling legal safeguards and checks, paving the way for secretive deals that drain public funds, fuel corruption, erode trust, deter investors, and exacerbate inequality. They caution that Kenyans should prepare for the seal to become a tool for costly, opaque deals that could burden the nation for years. Lawyer, former MP, and writer Gitobu Imanyara said that keeping the seal at State House can be challenged in court, noting that Executive Orders must align with the Constitution to be effective. Seal of legality "The seal of legality on executive functions gives legitimacy to government actions. This seal ensures that they abide by the Constitution," Gitobu told The Standard, adding: "Ruto has never respected the rule of law. He doesn't remember that his case at the ICC was never closed." Multiple sources within the State Law Office told The Standard that one reason Muturi was ousted was his refusal to surrender the seal. "It is one of the reasons," said a source at the office. The Publics Seal was moved from the Office of the Attorney General to the office of the Head of Public Service Felix Koskei. [File, Standard] Documents obtained by The Standard show the current custodian of the seal is now the HOPS-a political appointee whose position legal experts argue is unconstitutional. "He was not vetted, but you will find him chairing meetings with people who were vetted, such as the CS or even the PS. It is a big joke," Muturi said. A document of talking notes titled Establishment and Role of the Office of the Chief of Staff and the Head of Public Service, prepared by Collins Kiprono, Secretary of Legal Affairs and Head of Public Entities Oversight, confirms this shift: "The Office of the HOPS is the custodian of the Kenya Public Seal and other instruments of state for national posterity and may perform any other function ancillary as may be assigned by the president," Kiprono wrote. Kiprono, who addressed parastatal bosses a week ago, said the HOPS office also coordinates Principal Secretaries, oversees state corporations, transmits Executive Orders, and promotes good governance and efficiency in public service. Circulars from HOPS now guide procedures on appointing CEOs, foreign travel approvals, and resolving intra-governmental disputes. Discreet execution "The transfer was executed discreetly during a government shake-up," said a source at the AG's office. On 11 July 2024, President Ruto removed Muturi from office-effectively dissolving the Cabinet, save for the Prime Cabinet Secretary. Muturi later explained he resigned to give the President room to reorganise, a claim supported by his resignation letter filed in court. Rebecca Miano was first nominated to replace Muturi on July 19, 2024 but was reassigned days later. Dorcas Oduor, then Secretary of Public Prosecutions, was nominated on July 30, vetted by Parliament on August 9, and sworn in as AG on August 23. However, further scrutiny of official records reveals that the transfer of the seal began as early as 2023. President Ruto is not only relocating the seal from the State Law Office to State House but is also drafting a new law to redefine its design, use, and custodianship. Cabinet Secretary Mercy Wanjau told a parliamentary committee on February 12, last year, during a meeting with the National Assembly's Justice and Legal Affairs Committee and the Committee on Administration and Internal Security, that the government is preparing the Public Seal Act, which will spell out the seal's design, verification process, authorised users, and display protocol. Yet the move has sparked criticism and confusion. Government Spokesperson Isaac Mwaura told Kenyans on Monday that the change was supported by existing laws. "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 insisted, asserting that the AG retains the legal advisory role. However, Rarieda MP Otiende Amolo dismissed claims that the government amended the laws to transfer the seal, stating: "This is 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." On Thursday, Mwaura presented a different narrative: "Govt Spokesman Isaac Mwaura has clarified that Parliament deleted the proposal to amend the National Administration Laws (Amendment) Bill, which sought to make the Head of the Public Service the sole custodian of the Public Seal," adding: "He affirms that the Public Seal remains with the Attorney General, in line with Section 28A of the Office of the Attorney General Act. Article 9 of the Constitution of Kenya (2010) outlines our national symbols, including the Public Seal." Speaking to The Standard by phone, Muturi revealed that Ruto's insistence on relocating the seal contributed to their falling-out. "It is one of the reasons the Kenya Kwanza administration became hostile to me. And I know they want to do bad things with the seal," he said. Muturi defended keeping the seal under the AG's office, arguing it safeguards public interest. "The seal should remain with the Attorney General, who serves Kenyans-not the presidency," he added. During a joint parliamentary session on 15 February 2024, Cabinet Secretary Mercy Wanjau proposed amending Section 28 of the Office of the Attorney General Act, 2012, which currently vests custody of the seal in the AG. Multiple sources within the State Law Office told The Standard that one reason Muturi was ousted was his refusal to surrender the seal. [File, Standard] Other custodians "She cited Uganda, Tanzania, and Seychelles, where the head of state is the custodian and may delegate that role," read a statement on Parliament's website. But MPs pushed back, demanding to know the policy rationale for the change. Wanjau argued that Kenya's 2010 Constitution established a presidential system, implying that the President should be the seal holder. Still, she maintained the AG would continue to use the seal and promised clear guidelines through the proposed legislation. Wanjau also called for the enactment of the Public Seal Act to define the seal's description, design, use, custody, authentication, restrictions, and display. Meanwhile, representatives from the Salaries and Remuneration Commission, appearing before the same committee, proposed formalising the Chief Administrative Secretary (CAS) role. At the same session, the Public Service Commission described the Public Seal as a national symbol that should not fall under a presidential appointee. Legal Advisor Jackline Monami said the seal authenticates official documents and must remain independent. "This, in turn, removes the approval required from the Attorney General before seals are affixed to important government documents for authentication," said Monami. The Public Service Commission, which advises the government on creating and abolishing public offices, called for clarity on the distinction between the Presidential Seal and the Public Seal. "The two should be separated, as they carry different responsibilities." "The Chief of Staff is personal and private to the President. Hence, serving in that capacity defeats the public nature of the Office of Head of Public Service," stated Monami. The PSC suggested that the Head of Public Service, as the administrative chief of the President's office, should instead hold the Presidential Seal. "Be the custodian of the Presidential Seal, transmit executive directives, orders, and presidential proclamations to ministries, state organs, departments, and agencies for implementation," noted lawyer Willis Otieno, known for his "pinkie pinkie ponkie" moment during the 2022 presidential petition. He dismissed the seal's transfer as unconstitutional: "The Public Seal isn't a paperweight you toss between offices for convenience. It is a constitutional symbol of state authority-not a souvenir to be shuffled around in corridors of executive impunity. Article 156(4)(a) of the Constitution is clear: the Attorney-General is the custodian of the Public Seal." Former AG Justin Muturi warned that the country is treading a dangerous path, as the Head of Public Service remains an unconstitutional office and appears to serve President Ruto's personal interests. "If documents can be signed and bear the Public Seal without the AG's legal advice, that is a serious issue. I'm sure they are avoiding accountability by transferring matters to the HOPS office, where they can use them however they want since there are no checks," Muturi said, warning that the government could face multiple legal challenges after CSs signed contracts and MoUs without proper legal backing or AG involvement. Dennis Moturi, a Nairobi lawyer, insists that the Constitution clearly mandates the government's legal advisor as the rightful custodian of the Public Seal, emphasising the need to protect it from misuse. "The fact that they moved the seal from the AG's office to the HOPS means it can be used on documents not sanctioned by relevant institutions. HOPS is a political appointee and it's clear that the seal is in the wrong hands," Moturi explained.

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