The Secretary to the Cabinet Mercy Wanjau has proposed that the responsibilities of the custodian of the Public Seal be moved from the office of the Attorney General to the Office of the President.
While appearing before a joint National Assembly committee on Monday, Wanjau opined that the President ought to be the custodian of the national symbol currently under Attorney General Justin Muturi.
According to Wanjau, who was making her submission towards the National Government Administration Laws (Amendment) Bill, 2023, noted that Kenya had moved to a purely presidential system, hence the need for the custodian duties to be taken up by the President.
On the other hand, she detailed that in many countries in the region, respective presidents were the custodians of the national symbols used on official government documents.
"She told the Committee that practice in other jurisdictions has it that the President is the sole custodian of the Public Seal. She cited the example of Uganda, Tanzania and Seychelles, where the head of state is the custodian, but can appoint a person holding service, to act as the custodian, while giving directions as to the manner it will be kept and used," read the report of Parliament in part.
However, she noted that the President could have the power to assign the custodian duties to someone else.
"She emphasized that even with the proposed change effected, the AG would remain a user of the seal, adding that there would be a broad guideline on its use. Currently, the custody of the seal of the Government of Kenya is with the Attorney General.
"Wanjau also proposed an enactment of the Public Seal Act, to pave the way for the development of regulations governing the description, design, use, custody, authentication, restriction and display thereof," the report added.
On the other hand, various leaders made other proposals to the bill which seeks to restructure key components of the government including the Executive.
Notably, there are also proposals to introduce the contested Chief Administrative Secretary (CAS) post in the existing structure of the Executive.
According to the Salaries and Remuneration Commission (SRC), the proposals will give clear job responsibilities to CASs who were barred from accessing office by the High Court. The court declared the roles null and void.
SRC noted that it would be easier for them to set up the remuneration package for the office, should it be included in the existing structure.
