Africa-Press – Kenya. MPs have questioned a plot to clip the powers of the Attorney General Justin Muturi.
This follows a proposal to take away the public seal from the State Law Office to the office of the Chief of Staff and Head of Public Service.
Members of the joint committee of Justice and Legal Affairs Committee and Administration and Internal Security have protested the planned changes.
The government, through the Interior ministry, has proposed amendments to the the Office of the Attorney General Act, 2012 that would see head of Public Service assume the role of being the custodian of the seal.
Felix Koskei is currently the head of Public Service.
Appearing before the team co-chaired by George Murugara (JLAC) and Gabriel Tongoyo (Security), Interior Principal Secretary Raymond Omollo was put to task to justify the changes.
The amendments are seen as plan to dilute the AG’s powers.
A public seal is a special symbol mark affixed on important documents to show that they are real and official.
The seal consists of a coat of arms of Kenya set on a grayscale background featuring two lions, a symbol of protection while holding spears and a traditional East African shield.
The shield and spears symbolise unity and the defence of freedom.
In justifying the proposal, Omollo said that “Being the administrative head of the Executive Office of the President, it is only logical that the Head of public Service be the custodian of the public seal and any instrument of state not in the custody of any person.”
Appearing before the same committee, Secretary to the Cabinet Mercy Wanjau defended the changes, citing jurisdictions that have adopted the arrangement.
“A desktop study indicates that the President as the custodian of the public seal (Uganda, Tanzania, Sychelles), with powers to appoint a person holding service to be the custodian and give directions as to the manner it will be kept and used,” she said.
“The narrative of the public seal appears to suggest a seal in the physical form. Might this be time for Kenya to anticipate a physical and electronic seal?”
But MPs questioned the logic behind the new push, with some alleging the move is fuelled by possible fallout with the current holder of the office.
“We don’t legislate for current regime, we legislate for prosperity,” Wajir East MP Hussein Mohamed said.
Murugara said the proposal is unnecessary, saying there is no justification of taking away the seal from the AG’s office.
“The Attorney General is the one mandated to hold the instruments on behalf of government for the last 60 years. You should tell us what is wrong?” he said.
“The amendments are superfluous, meant to change things which I don’t know with what motive.”
South Mugirango MP Silvanus Osoro, who is also the Majority Whip, also backed the status quo, terming the changes “unwarranted”.
“Is there anything wrong with the current dispensation? If it is working why change it?” he said.
“Company seals are the business of secretaries and lawyers?” West Mugirango MP Stephen Mogaka said.
His Saku counterpart Rasso Dido cautioned against the changes to an arrangement that has served Kenyans well since independence.
“Is there a problem currently because Attorney General is the chief legal adviser of the government? Why do you want someone to take up that responsibility?” he said.
“If the current system works, why do you want us to legislate?”
The committee resumes sittings on Wednesday where it will meet, among others, the AG to give his take on the proposed amendments.
Of interest to the committee is whether the state legal adviser was consulted in coming up with the bill and claims that his office was bypassed in drafting the legislation.
The National Government Government Administration Laws (Amendment) Bill, 2023 was tabled by the Majority leader Kimani Ichung’wah.
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