The Departmental Committee on Environment has endorsed a plan by the Foreign Affairs ministry to grant diplomatic privileges and immunities to the Global Centre for Adaptation.
The Departmental Committee in a report dated September 30 concluded that 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 pursuant to section I1 of the Privileges and Immunities Act, Cap 179 and section I(4) ofthe Statutory Instruments Act, Cap 2A,” the report signed by chairman Vincent Musai said
The Privileges and Immunities (The Global Centre for Adaptation) Order, 2025 was designed to operationalize a Host Country Agreement (HCA) signed between the Kenyan government and the GCA, an international organization founded to accelerate climate adaptation action and support solutions.
The move grants GCA and its personnel immunity from lawsuit and legal process, inviolability of its offices and archives, and exemptions from various taxes and customs duties on goods imported for its official use.
For the GCA’s director, officials, and staff, the privileges include immunity from legal action for acts performed in their official duties, exemption from income tax on their salaries, immunity from immigration restrictions for themselves and their families, and tax exemptions on the importation of their personal household effects.
The report said the agreement with GCA was strategically aligned with Kenya’s climate goals. The committee also said the Ministry of Foreign and Diaspora Affairs considered the views of the key stakeholders on the Host Country Agreement. These included as the National Treasury and Economic Planning, Office of the Attorney General, the Directorate of Immigration, Kenya Revenue Authority and the Ministry of Environment, Climate Change and Forestry
In submissions to the committee, the State Department for Foreign Affairs highlighted the GCA’s existing work in Kenya, which includes collaborating with the University of Nairobi on a climate-resilient infrastructure roadmap, partnering with the African Development Bank to climate-proof major road corridors, and supporting county-level urban planning through a World Bank program. A significant benefit noted is the African Youth Adaptation Solutions Challenge, which has already awarded grants to several Kenyan youth-led enterprises developing innovative climate solutions.
Foreign Affairs said that anticipated benefits of hosting the GCA’s regional office are wide-ranging, and is expected to enhance Kenya’s international profile as an environmental leader, solidify Nairobi’s status as a hub for international organizations, and attract increased investment in climate adaptation projects.
“ Increase the number of jobs for local Kenyans across all levels, spur development and humanitarian projects and increase foreign exchange earnings for the country. Further it will safeguard employment opportunities for the current and future workforce that will be based in Kenya,” MFA said in its submissions.
It added that GCA will support the government’s focus and strategies around the reduction of Kenya’s vulnerabilities to climate change and harness the economic growth opportunities that result from effective climate adaptation.
“Increase investment in the country which will spur economic growth through investments in adaptation and resilience building,” it said.
The committee also noted that the government will not incur direct costs beyond facilitating the office’s operations, though it acknowledged a loss of revenue from the tax exemptions
The Committee, concurring with the Office of the Attorney General, found the proposal to be in full compliance with existing Kenyan law, including the Constitution and the Privileges and Immunities Act.
The High Court in November suspended a similar grant of privileges to the Gates Foundation. International lawyer Dr Owiso Owiso, who challenged the Gates Foundation issuance of the immunities told the Star that they will challenge the move in court.
