By James Murimi - Reporter
Kenya, November 18 2025 - Kenya has launched a sweeping review of its Privileges and Immunities Act, a move officials say will modernize the country’s engagement with international organizations and tighten compliance with global treaty obligations.
In a detailed press statement sent to newsrooms, Prime Cabinet Scretary and Cabinet Secretary for Foreign and Diaspora Affairs Dr Musalia Mudavadi clarified the scope of the proposed amendments under the Privileges and Immunities (Amendment) Bill, 2025, saying the reforms are aimed at “enhancing predictability, strengthening compliance, and improving administrative efficiency” in the management of international agencies operating in Kenya.
The Privileges and Immunities Act (Cap. 179) empowers the Ministry of Foreign and Diaspora Affairs to grant privileges and immunities to external agencies and their internationally recruited staff through gazette notices approved by Parliament.
Dr Mudavadi emphasized that Kenya is bound by international law when dealing with global institutions.
“Kenya, as a State Party, cannot apply domestic legislation in a manner that would contravene its treaty obligations,” he said, noting that Section 9 of the Act covers intergovernmental organizations such as the United Nations, African Union, East African Community, COMESA, and the World Bank.
The amendments come after the adoption of a revised Foreign Policy document in December 2024 and the passage of Sessional Paper No. 1 of 2025 by the National Assembly.
The Ministry has since initiated a process to streamline the negotiation of Host Country Agreements (HCAs) for internationally recognized bodies, particularly International NGOs regulated under Section 11 of the Act.
A key change proposed in the draft law is a cap on expatriate staffing levels for NGOs with HCAs. Under the new framework, internationally recruited staff will be limited to no more than one-third of an organization’s total workforce.
More from Kenya
According to Dr Mudavadi, this measure is intended to “promote job opportunities for Kenyans within internationally recognized bodies” and ensure fair labour practices. The Ministry stressed that this provision applies only to INGOs, not intergovernmental bodies.
“This in no way affects the rights and privileges of Inter-Governmental Organizations like the United Nations, World Bank, IMF, African Union, African Development Bank, and East African Community,” Dr. Mudavadi clarified.
Instead, he said, the amendments will for the first time formally incorporate privileges for “experts on missions in Kenya,” aligning domestic law with global conventions. To reinforce oversight, the Bill proposes establishing a Host Country Agreement (HCA) Committee made up of Principal Secretaries from key ministries, the Attorney-General, heads of immigration and revenue authorities, and the Director-General of the National Intelligence Service.
The committee will review applications for HCAs, assess compliance, scrutinize reports submitted by agencies, and recommend regulatory or policy adjustments. The new law will also spell out which documents internationally recognized bodies must submit when seeking HCAs, and explicitly define which privileges and immunities apply.
Crucially, no immunities will be granted in cases involving contractual disputes, commercial matters, labour issues, criminal offences, or where the entity waives immunity.
These safeguards, the Ministry noted, are meant to “prevent abuse of status arising from the privileges and immunities provided under a Host Country Agreement.” Dr Mudavadi underscored that the reform process is still in its early stages and will be guided by constitutional requirements on transparency.
“In compliance with Articles 2, 94, and 118 of the Constitution, the State Department for Foreign Affairs has issued a call for public submissions on the proposed amendments,” he said. Public participation on the Privileges and Immunities (Amendment) Bill, 2025, is now underway.
