AG Oduor breaks silence: I still hold the Public Seal
"The custody of the Public Seal is clearly provided for by law, and that position remains unchanged. I am still in custody of the Seal, contrary to what has been reported in the media," declared the AG.
Attorney General Dorcas Oduor has come out to clarify that the Public Seal remains in her custody, dismissing claims that it had been moved to the office of the Head of Public Service.
Speaking to journalists on Thursday, Oduor said, "The custody of the Public Seal is clearly provided for by law, and that position remains unchanged. I am still in custody of the Seal, contrary to what has been reported in the media."
The statement follows days of public confusion and contradicting explanations from government officials over who holds the symbol, which is used to stamp and authenticate official documents.
The confusion began after reports claimed the Seal had been quietly shifted through the National Administration Laws (Amendment) Bill, 2023.
The Bill had proposed changes to the Office of the Attorney-General Act, 2012, removing the AG’s authority to hold the Seal.
Government Spokesperson Isaac Mwaura had defended the reported transfer during a press briefing on May 19.
"The process is anchored in legislation, which recognizes the HOPS as the appropriate holder of the seal," he told the media.
However, three days later, Mwaura reversed his position, saying Parliament had removed that proposal from the Bill.
"The Public Seal is under the custody of the Attorney General as per Article 9 of the Constitution. This needs to go on record that the Public Seal is not with the Head of Public Service, it's still with the AG and that is misinformation that came as a result of a process in Parliament and it was deleted," he stated on May 22.
Oduor also addressed concerns of division within government institutions, saying there is no internal conflict.
"As a government, we work together under the leadership of the President, as a united team," she said.
The Public Seal is recognized in the Second Schedule of the Constitution and plays a critical role in certifying official documents on behalf of the government.
The attempted transition and mixed messages have drawn criticism and legal concern from former Attorney General Justin Muturi.
"If documents can be signed and bear the public seal without the AG's legal advice, that is a serious issue. I'm sure that they are avoiding accountability by transferring such matters to the HOPS office," Muturi warned.
He further alleged that the changes were part of an effort to bypass legal checks from the AG’s office.
