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Why Kenya’s Public Seal Transfer Sparks Concern: Power, Control, and Accountability
What Is the Public Seal of Kenya?
The Public Seal of Kenya is more than a decorative emblem—it’s a constitutional symbol of national authority. Described in Chapter Two, Part Nine of the Kenyan Constitution, the Public Seal is used to validate key government decisions and legal instruments. It ranks among other national symbols like the national flag, anthem, and coat of arms.
The seal features Kenya’s Coat of Arms held by two lions—symbols of vigilance and national protection—on a grayscale background, signifying dignity and power.
The Power Behind the Seal
This seal is not just ceremonial. It authorizes:
- International trade agreements and treaties
- Loan contracts between Kenya and foreign lenders
- Leasing and transfer of national assets
- Major diplomatic engagements on behalf of the Kenyan people
In short, whoever controls the seal wields the power to sign off on deals that shape Kenya’s economy, foreign relations, and national development.
The Controversial Transfer
The National Assembly Administration Laws (Amendment) Bill, 2023 sparked public attention after it removed the Attorney General (AG) as custodian of the Public Seal. The new custodian, according to the amendment, is the Head of Public Service (HOPS)—also serving as Chief of Staff in the Office of the President.
This move triggered debate, with Government Spokesperson Isaac Mwaura stating that the seal remains at the AG’s office. However, former Attorney General Justin Muturi alleged that the transfer aimed to bypass legal scrutiny.
“If documents can be signed and bear the public seal without the AG’s legal advice, that is a serious issue… They are avoiding accountability,” Muturi told The Standard.
Why the Transfer Raises Red Flags
Critics argue that placing the seal under HOPS could undermine checks and balances in government. Since the AG’s office traditionally ensures legal compliance before sealing any national document, bypassing it could lead to:
- Unreviewed or irregular agreements
- Reduced legal accountability
- Potential for misuse of power and state assets
What’s Next?
While the debate continues, many Kenyans are calling for transparency. If the Bill’s implementation shifts the seal to the President’s inner circle, questions about oversight and legal scrutiny will likely remain front and center.
For now, the nation waits to see whether Parliament or the Judiciary will weigh in to address concerns raised by civil society and former top legal officials.
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