Kisii Senator Richard Onyonka has opined that the reported transfer of the Public Seal from the office of the Attorney General to the office of the Head of Public Service (HOPS) shows the lack of trust from President William Ruto.
According to Senator Onyonka, President Ruto has lost confidence in the legal counsel of AG Dorcas Oduor and has opted to transfer the mandate to a different office.
“I don’t think this issue is about the seal. This issue is talking about the person who has the job of Attorney General. The president does not have the trust that the person he has given the responsibility of advising him on legal matters cannot keep that seal,” he told Citizen TV on Tuesday.
The legislator further argued that the AG might opt to leave office, considering her mandate is in peril.
“So if I was her I would resign. It basically says the President has no confidence in you,” he said.
This comes after reports indicated that the national symbol, recognized in the Second Schedule of the Constitution, was moved from its traditional custody of the AG to the custody of the HOPS.
The transition was reportedly facilitated by the National Assembly Administration Laws (Amendment) Bill, 2023, which proposed to amend the Office of the Attorney-General Act, 2012, to strip the Attorney General power to host the Seal.
This has seen Government Spokesperson Isaac Mwaura defending the transition, arguing that it was conducted lawfully and did not infringe on national values only to later make a u-turn.
“The process is anchored in legislation, which recognizes the HOPS as the appropriate holder of the seal,” he told the press during a press briefing on May 19.
Mwaura, however, on May 22, clarified that Parliament deleted the proposal to amend the National Administration Laws (Amendment) Bill and that the Seal is still at the AG’s office.
“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 said on Thursday.
Former AG Justin Muturi had earlier said that the transition was made because the government wants to avoid checks and legal censure from the AG.
“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,” he told The Standard.
