Kenya Proposes New Cap on Expatriate Staff in International Organisations
The government has proposed an amendment that would limit the number of expatriates working for international organisations based in Kenya.
Under the new plan, foreign staff hired by any entity with a Host Country Agreement would not be allowed to exceed one-third of the organisation’s total workforce.
The proposal aims to increase job opportunities for Kenyans working in internationally recognised bodies.
The move follows the adoption of the revised Kenya Foreign Policy in December 2024 and the approval of Sessional Paper No. 1 of 2025 by the National Assembly.
The Ministry of Foreign and Diaspora Affairs has now begun reviewing how Host Country Agreements are applied and negotiated. These agreements govern international bodies—currently referred to as “external agencies”—under Section 11 of the Privileges and Immunities Act.
The ministry says the reforms will help improve predictability, strengthen compliance, and make the management of privileges and immunities more efficient.
In a statement on Tuesday, Prime Cabinet Secretary and Foreign Affairs Cabinet Secretary Musalia Mudavadi said the amendments also set out clear requirements that international organisations must meet before applying for a Host Country Agreement.
Other proposed changes to the Privileges and Immunities Act (Cap. 179) include the creation of a Host Country Agreement Committee. The committee would be made up of senior government officials, including Principal Secretaries for Foreign Affairs, Internal Security, and Finance, the Attorney General, the Director General of Immigration, the Commissioner-General of the Kenya Revenue Authority, and the Director General of the National Intelligence Service.
The committee would be responsible for reviewing applications for Host Country Agreements, checking compliance by organisations that already have agreements, examining official returns, and recommending policy and regulatory changes where needed.
Mudavadi said the proposed amendments also list the specific documents an international organisation must provide when applying for a Host Country Agreement.
The changes further clarify the immunities and privileges such bodies may receive—but state clearly that no immunity will apply in cases involving contractual issues, commercial or labour disputes, criminal matters, or any situation where the organisation has waived its immunity. These safeguards are meant to prevent the misuse of privileges granted under the agreements.
In line with constitutional requirements on public participation and transparency, the State Department for Foreign Affairs has called for public input on the proposed Privileges and Immunities (Amendment) Bill, 2025. A virtual public participation forum will be held on November 18, 2025, from 10 a.m. to 1 p.m.
Members of the public have until November 21, 2025, to submit written comments for consideration.