Reprieve for the AG as MPs committee opposes transfer of public seal request » Capital News

NAIROBI, Kenya Mar 17 – It’s a sigh of relief for Attorney General Justin Muturi after a parliamentary committee declined a request to transfer the custody of the Public Seal from his office to that of the Head of Public Service.

In a unanimous decision, the National Assembly Justice and Legal Affairs Committee members voted to reject the legislative proposals on Section 28 of the Attorney General Act subsequently retaining custody of the seal at the State Law Office.

The committee chaired by Tharaka Nithi Member of Parliament George Murugara thwarted the proposal by the Ministry of Interior and National Administration and the Salaries and Remuneration Commission who supported the transfer.

A Public Seal is a special symbol mark affixed on important documents to show that they are real and official and thus the transfer was deemed as a move to clip the powers of the Attorney General, who is the government adviser.

Moving the motion, Majority Leader Kimani Ichung’wah who sponsored the omnibus bill affirmed the decision by JLAC to dispose of the proposal to transfer the custody of the public seal.

Ichungwa noted in other jurisdictions the public seal is an instrument responsible for upholding the identity of a nation and hence its maintenance should never be in doubt.

“In many jurisdiction in the commonwealth the office of the attorney general is the custodian of the government seal and I must thank JLAC in their wisdom they have decided to institute the same,” he said.

JLAC Chair George Murugara asserted that the justification for transferring the public seal from the Attorney General was unsatisfactory given that it’s a republic seal and ought to be in the custody of the government adviser.

The Seal signifies the ultimate authority and endorsement of a particular decision with the full authority or concurrence of the government.

“Unfortunately, the committee voted unanimously that the custodian of all the legal instruments in the country is the Attorney General and thus it will be improper to move the republic seal,” he stated.

JLAC Vice Chair Mwengi Mutuse termed the proposed amendment to transfer the public seal as mischievous adding that it will be prone to abuse if its transferred to the office of Head of Public Service domained at the presidency.

“The committee in its wisdom thought that was a misnomer because the public seal as a constitutional symbol with the emblem in the constitution and therefore must be treated with seriousness,” Mutuse stated.

MPs had earlier raised concerns that the Public Seal would be subject to misuse and abuse were it to be transferred to the Office of the Head of Public Service.

The committee members argued that the Public Seal is a national symbol and given that he is executing his mandate under the President’s discretion, it will be prone to exploitation.

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