Kenyans to have their say on Bill granting controversial diplomatic protections
By opening public participation on the new amendment, Kenya appears to be seeking to restore confidence in a process that has come under increasing scrutiny.
Kenya's Ministry of Foreign and Diaspora Affairs has invited the public to submit comments on the draft Privileges and Immunities (Amendment) Bill, 2025, following months of criticism that President William Ruto’s administration has been extending diplomatic protections to foreign nationals and private organisations without clear legal justification.
In a notice issued by Foreign Affairs Principal Secretary Korir Sing'Oei, the ministry said it is acting "pursuant to Article 10 of the Constitution" and encouraged citizens, civil society groups, and the private sector to provide feedback ahead of the 21 November deadline.
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A virtual public forum is scheduled for 18 November.
The call for public input comes amid growing concern over Kenya's increasingly liberal application of immunities.
Analysts note that the architects of diplomatic privileges "may not have anticipated their abuse," as such protections were originally designed for diplomats "selected among equals and not expected to conduct themselves contrary to the law."
The ministry has faced pressure to defend its handling of recent host country agreements, particularly the controversial privileges granted to the Global Centre on Adaptation (GCA)—a move that sparked public uproar and claims of external political influence.
Rejected allegations
In an October statement, PS Sing'Oei rejected those allegations outright: "The imputation that the host country agreement to the Global Centre on Adaptation was granted as a result of external political pressure is without any foundation," he said.
He insisted that the GCA deal "followed all legal procedures under the Privileges and Immunities Act," adding that the law authorises the ministry to negotiate such agreements with intergovernmental bodies.
Earlier, in April, a similar attempt to grant diplomatic privileges to the Bill & Melinda Gates Foundation collapsed after the foundation withdrew its host country agreement amid legal battles and widespread public criticism.
The episode highlighted growing domestic resistance to what many Kenyans see as the indiscriminate extension of immunities to private or quasi-public actors—especially those wielding significant influence.
By opening public participation on the new amendment, Kenya appears to be seeking to restore confidence in a process that has come under increasing scrutiny.
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