The Ministry of Foreign and Diaspora Affairs announced it will comply with the National Assembly’s decision to annul a legal notice granting privileges and immunities to the Global Center for Adaptation (GCA), while maintaining that due process was followed in the initial approval.
In a statement issued Tuesday, the Ministry said the National Assembly, on February 24, 2026, adopted a report by the Parliamentary Committee on Delegated Legislation annulling Legal Notice No. 85 of 2025.
The notice had granted privileges and immunities to the GCA under Section 11 of the Privileges and Immunities Act (Cap 179).
The Ministry explained that the process of granting the privileges was conducted in accordance with Kenyan law.
A Host Country Agreement between the Government of Kenya and the Global Center for Adaptation was signed on February 10, 2025.
The legal notice was subsequently published on May 2, 2025, submitted to the Clerk of the National Assembly on May 30, 2025, and tabled in Parliament on June 4, 2025.
The matter was referred to the Parliamentary Departmental Committee on Environment, Forestry and Mining for consideration. On July 9, 2025, Parliament published a notice in local newspapers inviting members of the public to submit comments on the proposed grant of privileges and immunities, in line with Article 118(1)(b) of the Constitution, which requires public participation in parliamentary processes.
Officials from the Ministry, led by Principal Secretary Dr. Korir Sing’Oei, appeared before the committee on August 8, 2025, to justify the legal basis for the decision.
In its report dated September 25, 2025, the Departmental Committee found the legal notice compliant with the Constitution and relevant laws and recommended that the National Assembly approve the privileges granted to the organization.
However, on November 25, 2025, the Parliamentary Committee on Delegated Legislation summoned the Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs to explain the basis for the grant.
The Ministry said the Cabinet Secretary communicated his inability to attend the December 4 meeting due to official engagements.
Despite this, the committee proceeded with its deliberations and issued a report without hearing from the Cabinet Secretary or Ministry representatives.
The Ministry argued that this action was inconsistent with Articles 47 and 118 of the Constitution, which guarantee fair administrative action and public participation.
According to the Ministry, the annulment was based on a technical interpretation of Section 17 of the Privileges and Immunities Act, which requires a draft legal notice to be tabled before Parliament.
It contends that Section 11(1) of the Statutory Instruments Act only requires the Cabinet Secretary to submit a copy of the statutory instrument to Parliament after publication.
The Ministry further noted that the Statutory Instruments Act, enacted in 2015, specifically governs statutory instruments and should prevail in matters of interpretation over the older Privileges and Immunities Act of 1970 where conflicts arise.
Nonetheless, the Ministry affirmed that it will respect the National Assembly’s decision and prepare a new draft legal notice for submission to Parliament in line with Section 17 of the Privileges and Immunities Act.
It emphasized that the nullification does not invalidate any of the Global Center for Adaptation’s prior activities in Kenya, citing Section 11(4) of the Statutory Instruments Act and Section 17 of the Privileges and Immunities Act.
The Ministry reiterated its commitment to positioning Kenya as a regional hub for multilateral diplomacy and international organizations, adding that it will continue engaging institutions seeking to establish headquarters or regional offices in the country.
Principal Secretary Korir Sing’Oei signed off on the statement.
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
