National Assembly Speaker Moses Wentang'ula.
A swift move by National Assembly Speaker Moses Wetang’ula saw legislators, in a show of defiance, shred President William Ruto’s move to grant diplomatic immunities and tax exemptions to directors and foreign staff of a Dutch firm linked to Chancellor of University of Nairobi, Prof Patrick Verkooijen.
The Global Centre on Adaptation (GCA), a Netherlands-based climate organisation, is in the process of setting up its Kenya office.
MPs rejected exempting GCA staff and directors from taxation, while questioning the organisation’s activities in the country. The privileges would have extended to immunity from prosecution while in the country, as well as diplomatic status for spouses, dependents and relatives.
University of Nairobi Chancellor Professor Patrick Verkooijen during an interview in Nairobi on February 10, 2025.
Legislators showcased their boldness as they unanimously adopted a report of the House’s Delegated Legislation Committee that revoked President Ruto’s Privileges and Immunities (The Global Centre for Adaptation) Order, 2025.
Some legislators wondered why GCA, founded in Rotterdam in 2018, “came into this country”.
Ainabkoi MP Samuel Chepkonga, who chairs the Delegated Legislation Committee, said: “I will mention a few things that we noted, which we did not put in our report…This organisation was established in the Netherlands and it came into this country having been deregistered in another country. We wanted to know why it was deregistered in that country. No public participation was undertaken as required by Articles 118 and 10 of the Constitution. Clearly, this Order was in total breach of the Constitution and is unconstitutional. I support that the Order be declared null and void by the House."
Molo MP Kuria Kimani, who chairs the House Finance and National Planning Committee, warned that “we need to be very careful about the laws that we enact.”
Speaker changes mind
The National Assembly in the past session.
Intriguingly, the legislators’ position on GCA came after another committee of the House — Environment, Forestry and Mining — in a report recommended granting immunities to the organisation’s directors and staff, a move that was communicated to MPs through the Foreign and Diaspora Affairs Cabinet Secretary Musalia Mudavadi.
But in what could easily pass as a Damascus moment, Speaker Wetang’ula, who had initially extended his blessings to the Environment committee’s decision, was later swift to walk it back.
The Speaker notified the House about his change of stance as he stood down the Environment committee’s report before it could be debated.
Wetang’ula immediately tasked the Chepkonga-led Legal committee to process President Ruto’s request after telling the House that it was indeed a legal instrument, reserved for Delegated Legislation Committee, and not an agreement. Agreements are brought to Parliament and processed under the Treaty Making and Ratification Act by the House’s departmental committees.
“Notwithstanding my referral of the Order to the committee on Environment, Forestry and Mining and the steps already taken by the committee, I have since taken cognizance that being a ministerial Order, it is a statutory instrument within the meaning of Statutory Instruments Act,” directed Speaker Wetang’ula.
He ruled: “The Order now stands referred to the committee on Delegated Legislation for scrutiny...The Motion on consideration of the report of the committee on Environment, Forestry and Mining on the matter is hereby stood down.”
He then directed the committee on Delegated Legislation to “expeditiously” consider the Order and submit its report “as soon as practicable, to enable the House to consider the matter within the prescribed timeline.”
A statutory instrument tabled in the House has a timeframe of 28 days, within which it is required to be processed and a report tabled in the House, for consideration, approving or annulling it.
GCA's background
According to a previous report tabled in Parliament, the firm was exempted from rates and taxes on importation of goods, and exemption from taxes on other goods or services imported or purchased locally by the organisation for its official use. It said the organisation has been working in collaboration with the government of Kenya since 2021.
Watch: President Ruto's visit to GCA headquarters in 2023
GCA's property and assets would have been immune from legal processes except where immunity is expressly waived. The officials of GCA would have been granted tax exemptions, work permits and other privileges similar to those of other international organisations.
The nullified Order, however, exempted Kenyans who are employees of GCA from enjoying said privileges and immunities.
“The exemptions will, however, not apply to Kenyans,” read the Order.
Through the cooperation with Kenya, GCA was set to to inject 3 million euros (more than Sh452m) into programmes for food security, infrastructure and nature-based solutions in Kenya.
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