Foreign Affairs PS Korir Sing'Oei



The decision by the National Assembly to annul privileges and immunities granted to the Global Centre for Adaptation has raised questions about the manner in which the status was issued and the incentives behind granting it in the first place.
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The move has triggered debate over legal procedures and parliamentary oversight on the Executive push to grant the international organisation on climate change adaptation diplomatic-like privileges and immunities.

The organisation is headed by Prof Patrick Verkooijen, whom President William Ruto appointed Chancellor of the University of Nairobi on January 12, 2024, becoming the institution's first foreign Chancellor.

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In a public notice dated March 2, the Ministry of Foreign Affairs defended the process, saying it had followed the law before Parliament moved to nullify the legal notice.

The privileges had been issued under Section 11 of the Privileges and Immunities Act after Kenya signed a host country agreement with the Global Centre for Adaptation on February 10 last year.

Sing’oei said the legal notice granting GCA immunities was published on May 2 last year, before being submitted to the Clerk of the National Assembly later that month and tabled in Parliament on June 4.

In defending the decision, he said the process also included public participation and parliamentary scrutiny.

 

On July 9 last year, Parliament invited members of the public to submit comments on the proposed privileges, while officials from the ministry appeared before the Environment Committee on August 8 to explain the legal basis of the decision.

A report by the committee dated September 25 last year found the legal notice to be compliant with the Constitution and recommended approval of the privileges.

However, the process took a different turn after the Delegated Legislation Committee summoned the Prime and Foreign Affairs CS Musalia Mudavadi to explain the basis for the grant.

According to the ministry, the committee proceeded with its report, withdrawing the status, despite being informed Mudavadi would not be available due to official duties.

At the heart of the dispute is what the ministry describes as a technical legal interpretation between two laws governing statutory instruments and privileges granted to international organisations.

“The decision… is premised on a technicality under Section 17 of the Privileges and Immunities Act, requiring a draft legal notice to be tabled in Parliament,” the ministry said.

“While Section 11(1) of the Statutory Instruments Act… only requires the Cabinet Secretary to convey a copy of the statutory instrument to parliament after its publication.”

However, the House team found that Parliament found Mudavadi broke the law by issuing the legal notice in May granting the immunities without first submitting it to Parliament for approval.

Despite the annulment, the ministry emphasised that the organisation’s past activities in Kenya remain valid and unaffected by the parliamentary decision. It also confirmed that steps are already underway to resolve the issue.

“Nevertheless, the Ministry for Foreign Affairs will comply with decision of the National Assembly… A new draft of legal notice will be prepared and submitted to Parliament,” the statement added.

The development places the spotlight on the legal and political balancing act between Parliament’s oversight powers and the government’s strategy to attract global climate and development institutions to Nairobi.

The granting of immunities has been controversial and invited queries from the public on the justification to grant the status.

Critics, including media personality Lynn Ngugi, questioned why a climate NGO required such insulation from legal processes and tax obligations.

In October, PS Sing’oei was forced to deny media claims that the awarding of the status was due to external pressure.

“The imputation that the Host Country Agreement to the Global Centre on Adaptation was granted as a result of external political pressure is without any foundation,” he said.

The queries were further intensified by allegations from Dutch media that the GCA had misled donors, exaggerated its impact and fostered a toxic work culture.

The case mirrors a previous successful suit by the Law Society of Kenya against the Gates Foundation's similar immunity status, which was suspended by the High Court in 2025.