Kenya Moves to Clarify Proposed Changes to Privileges and Immunities Law

Prime Cabinet Secretary and Cabinet Secretary for Foreign Affairs Musalia Mudavadi.

By Ongaga Ongaga

The Ministry for Foreign and Diaspora Affairs has issued fresh clarification on proposed amendments to the Privileges and Immunities Act, Cap 179, amid growing public interest in how the changes could affect international organisations operating in Kenya.

In a statement released on Tuesday, Prime Cabinet Secretary and Cabinet Secretary for Foreign Affairs Musalia Mudavadi said Nairobi’s place as a major diplomatic hub made it essential to “strengthen clarity, predictability, and efficiency” in the way privileges and immunities are granted to external agencies.

“Nairobi hosts a vast community of diplomatic missions and international bodies. We have a responsibility to ensure that the law keeps pace with this evolving environment,” Mudavadi noted.

The ministry emphasised that the proposed amendments will not affect the rights and privileges of inter-governmental organisations such as the UN, African Union, World Bank or East African Community.

Instead, the changes focus on International Non-Governmental Organisations (INGOs) operating under Host Country Agreements, governed by Section 11 of the Act.

One of the key proposals is a requirement that expatriate staff employed by INGOs should not exceed one-third of their total workforce.

According to the ministry, this measure seeks to “promote job opportunities for Kenyans” while maintaining mutually beneficial cooperation with international partners.

A new Host Country Agreement Committee—made up of senior officials from ministries and state agencies including Immigration, Treasury, NIS, and KRA—is also being proposed.

The committee will evaluate applications, monitor compliance, and recommend policy reviews.

Dr. Mudavadi stressed the importance of transparency, saying: “This process is only beginning, and public participation is not just a constitutional duty—it is a commitment to openness.”

Kenyans have until 21st November 2025 to submit their views, with a virtual public forum scheduled for 18th November.

The ministry has encouraged the public to take part, assuring that “every voice will help shape a more accountable framework for international engagement.”

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