The Ministry of Foreign and Diaspora Affairs has denied claims that the government was influenced by external political pressure in granting diplomatic privileges and immunities to the Global Centre on Adaptation amid public uproar.
Principal Secretary Korir Sing’Oei, in a statement on Saturday, dismissed the claims that the Host Country Agreement between Kenya and the GCA—an international organisation promoting climate change adaptation solutions—was the result of lobbying or undue foreign influence as claimed in sections of the media.
“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,” Sing’Oei said.
He noted that the process of granting the status followed all legal procedures under the Privileges and Immunities Act, which empowers the ministry to negotiate and conclude such agreements with intergovernmental and international organisations operating in the country.
The privileges and immunities include protection from suit and legal process in respect of performance of official duties, exemption from direct taxes upon emoluments received as an officer or servant of the organisation, immunity from national service obligations, immigration restrictions and alien registration in respect of officers and servants and their spouses and dependent relatives.
They will also enjoy privileges in respect of exchange control facilities and exemption from tax or duty on the importation of furniture, personal property and household effects of an officer or servant first arriving to take up a post in Kenya. According to the statement, the ministry received a formal request from GCA on July 27, 2023, seeking Host Country Agreement status to facilitate the establishment and operation of its regional office in Nairobi.
The office is part of GCA’s global network headquartered in Rotterdam, Netherlands and supports Africa’s climate diplomacy and resilience-building agenda. GCA was founded by Prof Patrick Verkooijen, who was appointed by President William Ruto as the Chancellor of the University of Nairobi in January 2024.
Assuming his role in February 2024, he became the first foreign chancellor of a public university in Kenya. While the appointment drew criticism and opposition from a section of Kenyans, Ruto said Verkooijen had a proven track record in many domains, particularly in adaptation and other climate action initiatives in Africa.
The President was also present during the ground-breaking of GCA’s offices in Nairobi in July 2024. Given the climate crisis is real, the centre would help harness expertise and bring policy makers and development actors into the space, Ruto said during the event. The global NGO has, however, faced controversies primarily concerning its funding, leadership, and relationships.
Accusations include exaggerating its role in projects to secure donations and a perceived conflict of interest involving its CEO and his relationship with Ruto, according to Dutch media. This has raised concerns domestically, with a section of Kenyans and lawyers demanding that the host country deal be made public.
After the ministry declined to make the deal public, citing national security, lawyers Owiso Owiso and Evans Ogada have threatened to move to court. However, the ministry maintains it followed due process and initiated consultations and reviews before the matter was approved on April 20, when Prime Cabinet Secretary Musalia Mudavadi signed Legal Notice No 82, granting the organisation diplomatic privileges and immunities.
The final approval came on September 20, after a parliamentary team ratified the decision following stakeholder hearings and public participation as mandated by Section 17 of the Act. The Departmental Committee on Environment, in a report, endorsed the granting of the diplomatic privileges and immunities to GCA, saying the proposal was legal and offers substantial benefits for Kenya, positioning the nation as a continental leader in climate action.
“Having examined the Privileges and Immunities (Global Centre for Adaptation) Order, 2025 in accordance with the Constitution of Kenya, the Interpretation and General Provisions Act, Cap 2, the Privileges and Immunities Act, Cap 179 and the Statutory Instruments Act, Cap 2A, the Committee recommends that the House Approves the Privileges and Immunities (Global Centre for Adaptation) Order, 2025 (Legal Notice No 82 of 2025) in its entirety…” the report signed by chairman Vincent Musyoka said.
Sing’Oei further argued that the privileges extended to GCA are “not special” and are consistent with those granted to over 170 non-state entities operating in Kenya since 1984. These include Oxfam, Save the Children, Union of Radio and Television Africa, the Centre for Agriculture and Bioscience, the World Wide Fund for Nature, the International Planned Parenthood Federation and the Lutheran World Federation.
“The privileges include tax exemptions on goods relevant to the organization’s functioning, protection from legal suits with respect to good-faith actions and the issuance of work permits to internationally recruited staff,” he said.
The PS underscored that the deal serves Kenya’s strategic interests by strengthening its climate diplomacy and green growth agenda, aligning with the President’s continental and global leadership on climate issues.
“The establishment of the GCA Regional Office in Nairobi reinforces Kenya’s position as a hub for global climate action and a trusted host of international institutions,” Sing’Oei said. He however reiterated that all diplomatic privileges granted by Kenya are subject to transparent legal scrutiny and reciprocity, ensuring that “no agreement compromises national sovereignty or the integrity of Kenya’s foreign policy”.
“The ministry remains guided by the rule of law, Kenya’s international obligations and the pursuit of our national interest in all host country agreements,” he added. A similar move to grant the Gates Foundation diplomatic privileges and immunities failed in April. The foundation withdrew its Host Country Agreement with Kenya, citing legal battles and mounting public pressure.
by ELIUD KIBII
