The Ministry of Foreign and Diaspora Affairs has responded to Parliament's cancellation of a legal notice granting privileges and immunities to the Global Centre for Adaptation (GCA). The ministry states it will comply with the decision but maintains that the agency's prior operations in Kenya remain unaffected. The dispute centers on Legal Notice No. 85 of 2025, issued following a host country agreement.
The Ministry of Foreign and Diaspora Affairs issued a public notice on March 2, 2026, stating it will comply with the National Assembly's decision of February 24, 2026, to annul a legal notice granting privileges and immunities to the Global Centre for Adaptation (GCA). The GCA was established in 2018 to accelerate climate change adaptation solutions worldwide.
According to the ministry, Legal Notice No. 85 of 2025 was published on May 2, 2025, following Kenya's signing of a Host Country Agreement on February 10, 2025. It was submitted to the Clerk of the National Assembly on May 30 and tabled in Parliament on June 4. Parliament invited public participation on July 9, 2025, via notices in local newspapers, as required by Article 118(1)(b) of the Constitution.
Ministry representatives appeared before the Parliamentary Departmental Committee on Environment, Forestry and Mining on August 8, 2025, to explain the legal basis. In its September 25, 2025, report, the committee deemed the notice constitutional and recommended approval. However, the Parliamentary Committee on Delegated Legislation reviewed the issue and issued a report on December 4, 2025, questioning the process's legality.
The ministry criticized the committee for proceeding without hearing from the Prime Cabinet Secretary or Foreign and Diaspora Affairs Cabinet Secretary Musalia Mudavadi, despite a letter notifying of his unavailability. Lawmakers relied on Section 17 of the Privileges and Immunities Act, arguing a draft notice should have been tabled before publication. The ministry countered by citing Section 11(1) of the Statutory Instruments Act, which requires only a copy of the signed instrument after publication.
The ministry asserts the annulment does not impact the GCA's previous activities in Kenya, per 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," the ministry stated. It added that it remains committed to positioning Kenya as a hub for multilateral diplomacy and international organizations, while preparing a revised notice.
