The Parliamentary Committee on Environment, Forestry and Mining has put forward a recommendation for Parliament to approve the awarding of diplomatic privileges and immunities to the Global Centre for Adaptation (GCA).
The GCA, an international climate change organization, is headquartered in the Netherlands.
The privileges and Immunities shall include:
(i) Immunity from suit and legal process.
(ii) Inviolability of premises occupied as offices and official archives.
(iii) Exemption from rates and taxes on importation of goods.
(iv) Exemption from taxes on the goods or services imported or purchased locally by the organization for its official use in Kenya or for exportation, or on the importation of any publications of the organization directly by it, subject to conditions imposed in customs and excise; and
(v) Exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the organization for its official use and any publications of the organization directly imported or exported by it.
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Parliament Approves Granting of Diplomatic Privileges to GCA
If approved by the house, the recommendation will also grant the GCA director, officials, and staff the privileges and immunities, which include-
(i) Immunity from suit and legal process in respect of things done or omitted to be done in the course of the performance of official duties, exemption from direct taxes upon emoluments received as an officer or servant of the organization.
(ii ) Immunity from national service obligations.
(iii) Immunity from immigration restrictions and alien registration in respect of officers and servants and their spouses and dependent relatives.
(iv) Privileges in respect of exchange control facilities as are accorded to officials of equivalent status forming part of a diplomatic mission:
(v) Exemption from tax or duty on the importation of furniture, personal property, and household effects of an officer or servant first arriving to take up his post in Kenya.
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Reactions as MPs Approve Granting of Diplomatic Privileges to GCA
The recommendation by the house committee has caused reactions from Kenyans, with many questioning the implications for sovereignty, justice, and community rights.
An X user by the name @hannahwamuyu raised concern about the potential sidelining of community-led initiatives and local protections.
She asked: “Where does this leave the ‘community-based approach’ to natural resource management? How do we protect communities?”
Additionally, a user by the name @Kiptelojunior01 voiced skepticism about the motives behind granting immunity, suggesting a lack of transparency.
He said: “Why immunity?? What’s it that they suspect may cause them to be liable for prosecution?? This is fishy.”
An X user by the name @TeRaiona254 said, “If we resisted Bill Gates, then this is also another candidate for resistance. Immunity for what!”
On his part, an X user by the name @chieflegend51 asked, “Why do they need this kind of immunity? To do exactly what?”
@picasso69721 also reacted to the update, asking, “There’s something I don’t understand. Do these things happen with public participation? And if Wanjiku is included, can they even tell what this stuff is talking about?”
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