Foreign Affairs denies external pressure in awarding global climate NGO immunity
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Foreign Affairs denies external pressure in awarding global climate NGO immunity
The Ministry of Foreign and Diaspora Affairs has dismissed claims that Kenya bowed to external political pressure in granting diplomatic privileges and immunities to the Global Center on Adaptation (GCA), amid growing public scrutiny over the decision.
Principal Secretary Korir Sing’Oei said allegations suggesting the Host Country Agreement between Kenya and the GCA was the result of lobbying or undue foreign influence were unfounded.
“The imputation that the Host Country Agreement to the Global Center on Adaptation was granted as a result of external political pressure is without any foundation,” Sing’Oei said in a statement issued on Saturday.
He maintained that the process followed all legal procedures as outlined under the Privileges and Immunities Act, which empowers the ministry to negotiate and conclude host country agreements with intergovernmental and international organisations operating in Kenya.
Under the agreement, GCA officials are entitled to diplomatic privileges including immunity from legal processes in the performance of official duties, tax exemptions on emoluments, exemption from national service obligations, immigration restrictions and alien registration requirements for officers, their spouses and dependent relatives. The organisation will also enjoy exchange control facilities and duty-free importation of household goods for staff arriving to take up postings in Kenya.
According to the ministry, GCA formally applied for Host Country Agreement status on July 27, 2023, to facilitate the establishment and operation of its regional office in Nairobi. The office forms part of GCA’s global network headquartered in Rotterdam, and is intended to support Africa’s climate diplomacy and resilience-building agenda.
The GCA was founded by Patrick Verkooijen, who was appointed by William Ruto as Chancellor of the University of Nairobi in January 2024. He assumed office the following month, becoming the first foreign national to serve as chancellor of a public university in Kenya.
While the appointment sparked criticism from sections of the public, President Ruto defended the decision, citing Verkooijen’s extensive experience in climate adaptation and other climate action initiatives across Africa. The President also presided over the groundbreaking ceremony for GCA’s Nairobi offices in July 2024, saying the centre would help marshal expertise and connect policymakers with development actors as the climate crisis intensifies.
Despite this, the global NGO has faced controversy, particularly over its funding, leadership and perceived conflicts of interest. Dutch media have previously reported allegations that the organisation overstated its role in projects to attract donor funding and raised concerns over Verkooijen’s relationship with the Kenyan leadership.
These concerns have fueled domestic calls for transparency, with some lawyers and civil society actors demanding that the Host Country Agreement be made public. The ministry, however, declined to release the document, citing national security considerations.
Lawyers Owiso Owiso and Evans Ogada have since threatened legal action, arguing that the public has a right to scrutinise the agreement.
Sing’Oei said consultations and internal reviews were conducted before the agreement was approved on April 20, when Prime Cabinet Secretary Musalia Mudavadi signed Legal Notice No. 82 granting the GCA diplomatic privileges and immunities. Final approval was issued on September 20 after a parliamentary committee ratified the decision following stakeholder hearings and public participation, as required by law.
The Departmental Committee on Environment, chaired by Vincent Musyoka, endorsed the move, stating that it complied with the Constitution and relevant statutes and would deliver significant benefits by positioning Kenya as a continental leader in climate action.
Sing’Oei added that the privileges granted to the GCA were not unique, noting that more than 170 non-state entities—including Oxfam, Save the Children, and the World Wide Fund for Nature—have received similar status since 1984.
“The privileges include tax exemptions on goods relevant to the organisation’s functioning, protection from legal suits for good-faith actions, and issuance of work permits for internationally recruited staff,” he said.
The PS argued that hosting the GCA aligns with Kenya’s strategic interests by strengthening its climate diplomacy and green growth agenda, reinforcing Nairobi’s status as a hub for global climate action. He stressed, however, that all such agreements remain subject to legal scrutiny and reciprocity.
“No agreement compromises national sovereignty or the integrity of Kenya’s foreign policy,” Sing’Oei said.
The statement comes months after a similar proposal to grant diplomatic privileges to the Gates Foundation collapsed in April, when the foundation withdrew its host country agreement amid legal challenges and mounting public pressure.