Transfer of Public Seal from Attorney General to Head of Public Service‬ Raises Constitutional Concerns

In a controversial move that legal experts are calling a “silent power grab,” the Kenyan government has transferred custody of the Public Seal from the Attorney General’s office to the Head of Public Service, raising significant constitutional concerns among lawmakers and civic leaders.

The transfer, which occurred through an Amendment Act signed by President William Ruto last year, has been criticized as undermining national values of governance enshrined in the Kenyan Constitution.

According to Article 10(2) of the Constitution, governance must adhere to values of sharing and devolution of power among other fundamental principles.

Critics argue this transfer centralizes authority and weakens institutional checks that protect the country from questionable government deals.

Former Attorney General Justin Muturi has said that “the country is living dangerously” with this change.

“For decades, the Public Seal has ceremonially been kept under the custody of the Attorney General,” Muturi explained.m in an interview with local press.

“The seal of government or executive functions gives legitimacy to government actions. This act ensures that they abide by the Constitution.”

Justin Muturi

The Public Seal serves as a symbol of state authority and authenticates vital government documents. Without proper legal checks, concerns have emerged that this transfer could expose the nation to potentially problematic deals.

Lawyer Gitobu Imanyara warned that documents can now be “taken to Sugoi, Dubai or anywhere to serve personal interests.”

Government spokesperson Isaac Mwaura defended the move, saying it followed lawful procedure and doesn’t 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 operation of government,” Mwaura stated.

The controversy extends beyond procedural concerns, with implications for Kenya’s governance structure.

By removing the seal from the AG’s chain of custody, critics argue the government has created a loophole for “dubious deals” without proper legal vetting.

A Memorandum of Understanding reportedly signed in Dubai last December involving a sanctioned Russian oligarch and over $1 billion has been cited as an example of why proper oversight matters.

Supporters of the transfer maintain it will streamline decision-making and improve efficiency, while opponents view it as an unconstitutional consolidation of power that revives the controversial role of the Chief Administrative Secretary, previously struck down by the High Court.