Ruto silent power grab: Public Seal shift fuels fears of legal chaos, abuse

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] A law signed by President William Ruto mid last year quietly moved the Public Seal from the Attorney General's office to the president's Chief of Staff thereby going against national values of governance espoused by the current constitution. Article 2 (a) of the constitution states that governance shall adhere to the value of sharing and devolution of power among other fundamental principles. Lawyers, scholars and leaders warn the move could undermine legal safeguards, weaken institutional checks, and expose the country to questionable government deals that will waste taxpayers' resources, breed corruption, harm trust, discourage investment and deepen inequality. The controversy centers on the National Government Administration Laws (Amendment) Act, 2023, a sprawling piece of legislation that, among other changes, reassigned custody of the Public Seal-a symbol of state authority and authenticity on vital documents-from the AG to the Head of Public Service. The law, which also revived the powerful Chief Administrative Secretary (CAS) roles and expanded the Executive's reach, has been described by legal experts as 'dangerous' and dilutes constitutional order. Former AG Justin Muturi yesterday told The Standard that the country was living dangerously since the Head of Public Service office (HOPS) remains unconstitutional, serving at the pleasure of the president and is not the right office to domicile the public seal. "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 because there are no checks," Muturi said, warning that the government faces many cases after the CS signed contracts and MoUs without proper legal backing or the AG's involvement. Government spokesperson Isaac Mwaura defended the move, saying that it was a lawful transfer of the government seal from the Attorney General to the Head of Public Service, saying due process was followed and the move does not undermine the Attorney General's constitutional mandate. "The Head of Public Service is the number one public servant in this country. He holds the Public Seal, executes the directives of the president and oversees the daily operations of govt. Felix Koskei is resolute & determined to weed out corruption," government spokesperson Isaac Mwaura said on Monday. Speaking to The Standard, both former MP Gitobu Imanyara, Muturi and a number of lawyers said that for decades, the Public Seal has been more than ceremonial kept under the custody of the Attorney General. "The seal of legality on executive functions gives legitimacy to government actions. This seal ensures that they abide by the Constitution," Gitobu said. The public seal was moved from the Attorney General's office to the office of the Head of Public Service Felix Koskei. [File, Standard] Muturi, a former Speaker, Attorney General and CS who has turned into one of President Ruto's fierce critics said the instrument is the official stamp affixed to critical documents-laws, treaties, appointments-signifying the state's approval. In Kenyan tradition, the Attorney-General has been the sole custodian of the public seal of the Republic of Kenya. The 2010 constitution describes the AG as the government's principal legal adviser, tasked with ensuring all state actions comply with the law, vetting documents and defending the public interest. "That tradition was upended last year, when Parliament quietly passed amendments shifting the seal's custody to the Head of Public Service, a position with no direct constitutional mandate and whose holder is neither vetted by Parliament nor subject to the same legal scrutiny as the AG," Muturi added. What is a public seal? The seal itself is a striking emblem: Kenya's coat of arms, flanked by two lions bearing spears and a shield, representing unity, strength, and the enduring spirit of freedom. To critics, its transfer is not just bureaucratic-it is a seismic shift in the architecture of government, allocating power to the office, keeping it. The seal, once stamped on a document, gives it life as a legal entity authorized by the Republic of Kenya and henceforth honored by courts of law. "We are now living dangerously," Gitobu also said, adding, "The seal can now be taken to Sugoi, Dubai or anywhere to serve personal interests." Muturi did not mince words in his condemnation. "President Ruto can now take the seal to Dubai where I refused to fly and sign documents with people who are sanctioned in a scheme that looks like money laundering," Muturi said in a interview, insisting, "We are now living dangerously." He said national symbols, which include the public sea,l are tools of government and state authority. "There is the AG's Seal and the Public Seal. The AG seal shows that the AG's office was involved in a process and that documents with AGs' seal," Muturi said, adding, "There are MoUs of ministers being taken to courts because they entered MoUs without proper legal backing." He said the backing is given by the Public Seal. Former Attorney General Justine Muturi has said moving the public seal to the Head of Public Service is a way for the government to avoid accountability and creates a loophole for "dubious deals" to be rubber-stamped without legal vetting. [File, Standard] Implications of moving the seal By removing the AG from the chain of custody of the seal, the government has created a loophole for "dubious deals" to be rubber-stamped without legal vetting. "If documents can be signed without the AG's legal advice, that is a serious issue. We should expect chaos." Muturi warned, referring to a controversial memorandum of understanding he was asked to sign in Dubai in December 2023, which reportedly involved a sanctioned Russian oligarch and over $1 billion. Imanyara called the move "a robbery" of the Constitution's intent. "They have brought back provincial administration through the back door. This is unconstitutional," he said, referring to other provisions in the law that revive the role of chiefs and local administrators, which the 2010 Constitution sought to phase out. Muturi said, "I have seen the Head of Public Service chair PS and CS meetings after they were vetted, but the head of public service is not vetted." "The Head of Public Service is not an assistant to the president, the Deputy President can assist the president. Yet, I have seen the HOPS chairing Cabinet and some meetings with PS. This shows it is wrong for someone appointed by an individual to lead those vetted by Parliament." Muturi was confident that someone will move to court to declare the new National Government Administrations Act unconstitutional. "I am sure our courts will agree that the office of the Head of Public Service has no place in our constitutional architecture," Muturi said. Lawyer Dennis Moturi said the seal should be protected by the legal advisor to the government as per the country's constitution. "The fact that they moved the seal from AG's office to the HoPS means it can be used on documents not sanctioned by relevant institutions. HOPS is a political appointee and its clear that the seal is in the wrong hands," Moturi explained. Supporters of the law argue that centralizing authority in the president's office will streamline decision-making and improve efficiency. The new Act, they say, simply modernizes government structures to reflect current realities. The new law's scope extends beyond the seal. It amends statutes governing the national administration, renames Utamaduni Day to Mazingira Day, revises the Public Holidays Act. Most significantly, it revives the CAS position-a role the High Court declared unconstitutional last year-and grants CASs broad powers to represent Cabinet Secretaries in Parliament and counties, respond to legislative questions, and manage intergovernmental relations. Each CAS will report directly to a Cabinet Secretary or the Attorney General, further blurring the lines of executive accountability. Government spokesperson Isaac Mwaura defended the move, saying that it was a lawful transfer of the government seal from the Attorney General to the Head of Public Service, saying due process was followed and the move does not undermine the Attorney General's constitutional mandate. [File, Standard] The law also establishes a powerful National Security Committee, chaired by the Head of Public Service and includes the Chief of Defence forces, the Director-General of the National Intelligence Service, the Inspector General of Police, and key principal secretaries. The committee will oversee security policy, advise the National Security Council, and flag threats-a concentration of authority that worries some lawmakers and civil society groups. A newly created office of National Advisor, appointed by the president, will automatically serve as National Security Advisor. The president-elect's representation on the National Security Council will rise from three to six, deepening executive influence over security matters. Early warnings against the new law In December 2023, National Assembly Speaker Moses Wetang'ula publicly dismissed the bill as unconstitutional, before it was passed by Parliament. He warned that it could erode checks and balances in the constitution. "In seeking to alter the role of governmental bodies and officials, the Bill affects the independence of the bodies and existing checks and balances within the government," Wetang'ula cautioned. He urged Parliament to scrutinize the amendments carefully, noting that while many changes focus on administration, the bill "touches on significant constitutional and legal matters." His warning resonated with opposition leaders and some members of the ruling coalition, who fear passage of the law could set a precedent for further Executive overreach. The 2010 Constitution, hailed as a model for Africa, was designed to share power, protect civil liberties and insulate key institutions from political interference. However, experts believe that the new act is not in line with the constitution. By moving the seal to the Head of Public Service, critics argue, President Ruto's administration has sidestepped key safeguards. "The narrative that the Public Service Commission wanted this fake," said Muturi. "The Head of Public Service is not vetted. The Head of Public Service is not an assistant to the president. Our courts will agree that the office of the Head of Public Service has no place in our constitutional architecture." Muturi said legal challenges are almost certain. "I can see someone moving to court and the new law will be declared unconstitutional," he said.

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