Fears of state capture intensify after controversial public seal transfer to Felix Koskei

The recent transfer of the public seal from the Attorney General to Felix Koskei, the Head of Public Service, has sparked serious debate in Kenya. This seal, which is used to officially mark important government documents, has always been under the custody of the Attorney General.

Many saw this as a sign that legal and constitutional order was being respected. But now, after the 2023 National Government Administration Laws (Amendment) Bill, the seal has been moved to Koskei’s office, and this has raised alarm among citizens and political observers.

The biggest concern is whether this move is a step toward consolidating too much power in the executive branch, which could weaken checks and balances in government. While the government has defended the decision as legal and necessary for better administration, many Kenyans remain doubtful.

Felix Koskei, who now holds the seal, was appointed by President Ruto in 2022 as the Head of Public Service. His past includes a stint as Agriculture Cabinet Secretary, a position he left under a cloud of corruption allegations.

Giving such a powerful tool to someone with that kind of history has only added to public fear. Koskei is now responsible for coordinating major government operations, and with the seal under his control, critics say he could play a bigger role in influencing major decisions and official communications.

This is not just a procedural change. It signals a shift in how the executive arm of the government can now operate without as much legal oversight as before.

The reaction from Kenyans, especially on social media platform X, has been mostly negative. Many users accused the government of trying to weaken democratic institutions and labelled the move as a form of state capture.

Cornelius K. Ronoh posted a strong statement claiming that this was the first time in Kenya’s history that the seal had been taken away from the Attorney General.

His post attracted thousands of responses, most of them expressing concern or anger. Some questioned the creation of Koskei’s office and whether it was even constitutional. Others warned that this was just another step in allowing unchecked executive control.

Even within government institutions, there was resistance. The Public Service Commission opposed the changes earlier in 2024, stating that the seal should remain with the Attorney General. However, the law was passed and the seal officially moved.

Government spokesperson Isaac Mwaura defended the change, insisting that the process followed the law and that the Attorney General would still have an advisory role. But his explanation has done little to calm the storm. Critics believe that legal processes can still lead to harmful outcomes if they are used to weaken institutions.

What makes this issue more sensitive is how it reflects broader concerns about governance in Kenya. Many citizens feel that the government is becoming too powerful, with fewer people able to hold it accountable.

Moving the seal to the executive arm may seem like a technical decision, but it touches on deeper issues of trust, democracy, and fairness. In other countries, such a seal is often guarded by an independent office to ensure that it is used properly and legally.

Kenya’s move in the opposite direction sends a worrying message. It gives the impression that the executive wants more control, even over symbols of legality and national authority.