The Ministry of Foreign and Diaspora Affairs has responded after Parliament cancelled a legal notice granting privileges and immunities to the Global Centre for Adaptation (GCA), an international organisation established in 2018 to accelerate and scale climate change adaptation solutions globally.
In a public notice dated March 2, 2026, the State Department for Foreign Affairs said it would comply with the National Assembly’s February 24 decision but maintained that the original process followed the law.
The Ministry insisted that the nullification does not disqualify the agency’s past operations in Kenya, citing Section 11(4) of the Statutory Instruments Act and Section 17 of the Privileges and Immunities Act.
“Nevertheless, the Ministry for Foreign and Diaspora Affairs will comply with decision of the National Assembly, fully cognizant that the nullification of the legal notice does not in any way affect the previous activities of the GCA in Kenya, as provided for in both Section 11(4) of the Statutory Instrument Act and Section 17 of the Privileges and Immunities Act of Kenya,” stated the Ministry of Foreign Affairs.
At the centre of the dispute is Legal Notice No. 85 of 2025, which granted the climate agency privileges and immunities after Kenya signed a Host Country Agreement on February 10, 2025.
According to the Ministry, the legal notice was published on May 2, 2025, submitted to the Clerk of the National Assembly on May 30, and tabled in Parliament on June 4, 2025.
Parliament later invited public participation on July 9, 2025, through a notice in local newspapers, asking Kenyans to submit comments as required under Article 118(1)(b) of the Constitution.
The Ministry said its representatives appeared before the Parliamentary Departmental Committee on Environment, Forestry and Mining on August 8, 2025, to justify the legal basis for granting the privileges.
In its September 25, 2025, report, the committee found the notice compliant with the Constitution and recommended approval of the privileges granted to the agency.
However, the Parliamentary Committee on Delegated Legislation later reviewed the matter and, on December 4, 2025, produced a report questioning the legality of the process.
The Ministry faulted the committee for proceeding without hearing from the Prime Cabinet Secretary and the Cabinet Secretary for Foreign and Diaspora Affairs, Musalia Mudavadi, or his representatives, despite prior communication of his unavailability.
“Despite the Parliamentary Committee receiving a letter informing that he would not be available to attend the meeting due to exigencies of duty, the Parliamentary Committee proceeded with its work,” the statement read.
ALSO READ:
- Rogue Motorist Harasses Female Police Officer, NPS Issues Statement
- KRA Clarifies Tracking Kenyans’ Phone Transactions, Lists Targets
- Over 50 Police Recruits Discontinued From Training At Kiganjo
- REVEALED: Countries Exploiting Kenyans With Fraudulent Recruitment [LIST]
- NTSA Issues New Data On Driving Licenses, Urges Applicants To Track Progress
Lawmakers based their nullification on Section 17 of the Privileges and Immunities Act, arguing that a draft legal notice ought to have been tabled before publication.
The Ministry countered that Section 11(1) of the Statutory Instruments Act, which only requires a copy of the signed instrument to be submitted after publication, saying this means it must first be signed.
It further argued that although the Privileges and Immunities Act was enacted in 1970 and the Statutory Instruments Act in 2013, the latter governs statutory instruments directly, making its provisions applicable, but still, the Ministry maintained that it is focused on making Kenya a hub for both multilateral diplomacy and international organisations, even as it prepares a revised notice for Parliament.
“The Ministry for Foreign and Diaspora Affairs remains resolutely focused on making Kenya a hub for both multilateral diplomacy and international organisations,” stated the Ministry of Foreign Affairs.
Parliament Blasts MFA Over Foreigners Privileges And Immunity Act
