Report On Consideration Of The Privileges And Immunities (the Global Centre For Adaptation) Order, 2025

REPUBLICOFKENYA THENATIONALASSEMBLY

THIRTEENTHPARLIAMENT-FOURTHSESSION-2025

DIRECTORATEOFDEPARTMENTALCOMMITTEES

DEPARTMENTALCOMMITTEEONENVIRONMENT,FORESTRYANDMINING

REPORTONTHE CONSIDERATIONOFTHEPRIVILEGESANDIMMUNITIES(THEGLOBALCENTRE FORADAPTATION)ORDER,2025

DATE:

30 SEP 2025

DIRECTORATEOFDEPARTMENTALCOMMITTEES, CLERK'SCHAMBERS, PARLIAMENTBUILDINGS, NAIROBI.

SEPTEMBER,2025

TABLEOFCONTENTS

| LISTOFABBREVIATIONSANDACRONYMS | LISTOFABBREVIATIONSANDACRONYMS | LISTOFABBREVIATIONSANDACRONYMS | |----------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------| | LISTOFANNEXURES | LISTOFANNEXURES | LISTOFANNEXURES | | CHAIRPERSON'SFOREWORD | CHAIRPERSON'SFOREWORD | CHAIRPERSON'SFOREWORD | | PARTONE | PARTONE | PARTONE | | 1.0 | PREFACE. | PREFACE. | | 1.1 | ESTABLISHMENTOFTHECOMMITTEE | ESTABLISHMENTOFTHECOMMITTEE | | 1.2 | MANDATEOFTHECOMMITTEE. | MANDATEOFTHECOMMITTEE. | | 1.3 | COMMITTEEMEMBERSHIP | COMMITTEEMEMBERSHIP | | 1.4 | COMMITTEESECRETARIAT | COMMITTEESECRETARIAT | | PARTTWO 10 | PARTTWO 10 | PARTTWO 10 | | 2.0 CONSIDERATIONOFTHEPRIVILEGESANDIMMUNITIES(THEGLOBAL CENTREFORADAPTATION)ORDER,2025.. 10 | 2.0 CONSIDERATIONOFTHEPRIVILEGESANDIMMUNITIES(THEGLOBAL CENTREFORADAPTATION)ORDER,2025.. 10 | 2.0 CONSIDERATIONOFTHEPRIVILEGESANDIMMUNITIES(THEGLOBAL CENTREFORADAPTATION)ORDER,2025.. 10 | | 2.1 | BRIEFOVERVIEW.. 10 | BRIEFOVERVIEW.. 10 | | 2.2 | THEGLOBALCENTREFORADAPTATION(GCA) 11 | THEGLOBALCENTREFORADAPTATION(GCA) 11 | | 2.3 | THEEXPLANATORYMEMORANDUMONTHIEHOSTCOUNTRYAGREEMENT(HCA) BETWEENTHEGOVERNMENTOFKENYAANDTHEGLOBALCENTREFORADAPTATION | THEEXPLANATORYMEMORANDUMONTHIEHOSTCOUNTRYAGREEMENT(HCA) BETWEENTHEGOVERNMENTOFKENYAANDTHEGLOBALCENTREFORADAPTATION | | (GCA)11 2.3.1 Benefits for Kenya.. | (GCA)11 2.3.1 Benefits for Kenya.. | | | 2.3.2 | 2.3.2 | Financial Implications 12 | | 2.3.3 Public Consultations..... | 2.3.3 Public Consultations..... | 12 | | 2.3.4 Monitoring and Review... | 2.3.4 Monitoring and Review... | 12 | | PARTFOUR 13 | PARTFOUR 13 | PARTFOUR 13 | | 4.0 | PUBLICPARTICIPATION/STAKEHOLDERSCONSULTATION. 13 | PUBLICPARTICIPATION/STAKEHOLDERSCONSULTATION. 13 | | 4.1SUBMISSIONSBYTHESTATEDEPARTMENTFORFOREIGNAFFAIRS. 13 4.2SUBMISSIONSBYTHEMINISTRYOFENVIRONMENT,CLIMATECHANGE,AND FORESTRY ..15 | 4.1SUBMISSIONSBYTHESTATEDEPARTMENTFORFOREIGNAFFAIRS. 13 4.2SUBMISSIONSBYTHEMINISTRYOFENVIRONMENT,CLIMATECHANGE,AND FORESTRY ..15 | 4.1SUBMISSIONSBYTHESTATEDEPARTMENTFORFOREIGNAFFAIRS. 13 4.2SUBMISSIONSBYTHEMINISTRYOFENVIRONMENT,CLIMATECHANGE,AND FORESTRY ..15 | | 4.4SUBMISSIONBYTHEATTORNEYGENERAL 16 | 4.4SUBMISSIONBYTHEATTORNEYGENERAL 16 | 4.4SUBMISSIONBYTHEATTORNEYGENERAL 16 | | PARTFIVE 17 | PARTFIVE 17 | PARTFIVE 17 | | 2. | COMMITTEEOBSERVATIONS 17 | COMMITTEEOBSERVATIONS 17 | | PARTSIX 18 | PARTSIX 18 | PARTSIX 18 | | 3. | COMMITTEERECOMMENDATION 18 | COMMITTEERECOMMENDATION 18 |

LISTOFABBREVIATIONSANDACRONYMS

AAAP

AfricaAdaptationAccelerationProgram

AFDB

AfricanDevelopmentBank

GCA

Global Centrefor Adaptation

LISTOFANNEXURES

• 1.Report adoption Schedule
• 2.Minutes
• 3.Copy of the Newspaper Advertisement on Public Participation
• 4.Letter inviting stakeholders for mcetings with the Committee
• 5.Stakeholdersubmissions

CHAIRPERSON'SFOREWORD

The Cabinet Secretary for Foreign and Diaspora Affairs, in exercise of the powers conferred by section 11 of the Privileges and Immunities Act, Cap 179, published the Privileges and Immunities (Global Centre for Adaptation) Order, 2025vide Legal NoticeNumber 82 of 2025.

The Order was published on 2nd May, 2025 and submitted to the Clerk of the National Assembly on 30th May, 2025 and tabled on 4th June 2025 by the Leader of the Deputy Majority Whip and subsequently referred to the Departmental Committee on Environment, Forestry and Mining for consideration.

The Privileges and Immunities (Global Centre for Adaptation) Order, 2025 indicates that the Government of Kenya has entered into an agreement for cooperation with the Global Centre for Adaptation (GCA), an internationalorganization establishedwith the aimof accelerating adaptationaction and supporting climateadaptationsolutions.

Pursuant to section 1l of thePrivileges and Immunities Act, Cap179,thePrivileges and Immunities (Global Centre for Adaptation) Order, 2025 seeks to grant GCA the privileges and Immunities under Part I of the Fourth Schedule to the Act which include immunity from suit and legal process; inviolability ofpremises occupied as offices andofficial archives;exemptionfrom ratesand taxes onimportation of goods; exemptionfrom taxes on the goods or services imported or purchased locally by the organization directly by it, subject to conditions imposed in customs and excise; and exemption from prohibitions and restrictions onimportation or exportation in the case of goods directlyimported or exported by the it.

Additionally, the Order seeks to grant the GCA director, officials and staff the privileges and immunities specified under Part IIof theFourthSchedule to the Act,which includeimmunityfrom suit and legal process in respect of things done or omitted tobe done in the course of the performance of official duties, exemptionfromdirect taxesupon emolumentsreceived as an officer or servant of the organization; immunityfromnationalserviceobligations;immunityfromimmigrationrestrictions andalienregistration in respect of officers and servants and their spouses and dependent relatives; like privileges in respect of mission; like facilities for the officers and servants and their spouses and dependent relatives for repatriation in time of international crises as are afforded todiplomaticmissions; andexemption 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 inKenya.

The Committee upon receiptof the Order,scrutinised the Order in accordancewith the Constitution of Kenya, the Privileges and Immunities Act, Cap 179, the Interpretation and General Provisions Act, Cap 2 and the Statutory Instruments Act, Cap 2A which regulate the making, scrutiny and publication of the Order and made various observations which informed the decision to approve the submitted instrument.

Following the placement of advertisements in the print media on Wednesday, 9th July, 2025, seeking public and stakeholder views on the Order pursuant to Article 118(1) (b) of the Constitution and Standing Order127(3),theCommitteedidnotreceiveanymemorandum.

Pursuant to section 16 of the Statutory Instruments Act, Cap 2A,which obligates the Committee to confer with the regulation making authority, the Committee held a consultative meeting with the Ministry of Foreign and Diaspora Affairs, the Ministry of Environment, Forestry and Climate Change and the Office of the Attorney General on Friday, 8th August 2025 to deliberate on the Privileges and Immunities (Global Centre for Adaptation) Order,2025and consider the underlying policy rationalc.

Having examined the Privileges and Immunities (Global Centre for Adaptation) Order, 2025 against the Constitution of Kenya, the Privileges and Immunities Act, Cap 179, the Interpretation and General Provisions Act, Cap 2 and the Statutory Instruments Act, Cap 2A, the Committee is satisfied that the Order complies with the Constitution and the relevant enabling legislation. Further, the Committee confirms that the Orderwas submitted to the National Assemblywithin the statutory timelines,was accompanied by an explanatory memorandum and was subjected to adequate public participation. Accordingly, the Committeerecommendsthat theHouseAPPRovESthePrivileges andImmunities(Global Centre for Adaptation) Order,2025(Legal Notice No.82of2025)

The Committee is grateful to the Offices of the Speaker and the Clerk of the National Assembly for thc logistical and technical support accorded to it during its sittings. Finally, I vish 1o express my appreciation to theHonorableMembersof the Committee and Secretariat whomadeuseful contributions towards thc consideration and production of this report.

On behalf of the Departmental Committee on Environment, Forestry and Mining and pursuant to provisions of Standing Order 127 (4), it is my pleasure and honour to present to this House the Report of the Committee on its consideration ofthePrivileges and Immunitics(Global Centre for Adaptation) Order, 2025.

HON.VINCENTMUSYOKAMUSAU,CBS,MP CHAIRPERSON,DEPARTMENTALCOMMITTEEONENVIRONMENT,FORESTRYAND MINING

1.0PREFACE

1.1 ESTABLISHMENTOFTHECOMMITTEE

• 1.The Departmental Committee on Environment, Forestry and Mining is one of the twenty Departmental Committees of the National Assembly established under Standing Order 216,whose mandate pursuanttotheStandingOrder216(5)isasfollows:
• Toinvestigate,inquireinto,and report on all matters relating tothemandate, management,activities,administration,operationsandestimatesoftheassignedministries anddepartments;
• ii. Tostudy the programme and policy objectives of Ministries and departments andthe effectivenessoftheirimplementation;
• iii. Onaquarterlybasis,monitorandreportontheimplementationofthenationalbudgetin respectofitsmandate;
• iv. Tostudyandreviewallthelegislationreferredtoit;
• V. Tostudy,assess andanalysetherelativesuccessoftheMinistriesanddepartmentsas measuredbytheresultsobtainedascomparedwiththeirstatedobjectives;
• vi. Toinvestigate and inquire intoallmatters relating tothe assigned Ministries and departments asthey may deem necessary,and as maybereferred to themby theHouse;
• vii. TovetandreportonallappointmentswheretheConstitutionoranylawrequiresthe appointments);
• viii. To examine treaties,agreements and conventions;
• ix. To make reports and recommendations to the House as ofien as possible,including recommendationofproposedlegislation;
• To consider reports of Commissions and Independent Offices submitted to the House x. pursuant totheprovisionsofArticle254oftheConstitution;and
• xi. Toexamine any questionsraised by Members on a matter within itsmandate.

1.2 MANDATEOFTHECOMMITTEE

• 2.In accordance with the Second Schedule to the Standing Orders, the Committee is mandated to consider matters related to Climate change, environment management and conservation, forestry, mining andnatural resources,pollution andwastemanagement.

3. In executing its mandate, the Committee oversees the Ministry of Environment, Climate Change and Forestry and theStateDepartmentforMining.

PARTONE

1.3 COMMITTEEMEMBERSHIP

4. The Departmental Committee on Environment, Forestry and Mining was constituted by the Hlouse on 27hOctober2022andon5hMarch2025andcomprises thefollowingMembcrs:

Chairperson

Hon.Vincent Musyoka Musau,MP

Mwala Constituency UDA Party

Vice-Chairperson

Hon.Charles Kamuren,MP

BaringoSouth Constituency UDA Party

Members

Hon.MohamedAliMohamcd,MP Nyali Constituency

UDA Party

Hon.Masito Fatuma Hamisi.MP Kwale County

ODM Party

Hon.TitusLotee,MP Kachaliba Constituency

KUP Party

Hon.Mohamed Tubi Bidu,MP IsioloSouth Constituency Jubilee Party

Hon.YakubAdowKuno.MP Bura Constituency UPIA Party

Hon.Mbalu JessicaNdukuKiko,CBS,MP Kibwezi East Constituency WDPParty

Hon.MwanyanjeGertrudeMbeyu,MP Kilifi County

ODM Party

Hon. Hiribae Said Buya, MP Galole Constituency

ODM Party

Hon.Salim Feisal Bader,MP Msambweni Constituency

UDA Party

Hon.Emathe Joseph Namuar,MP Turkana Central Constituency UDA Party

Hon.Joseph Wainaina Iraya,MP Nominated

UDA Party

Hon. Kemei Beatrice Chepngeno, MP Kericho County

UDA Party

Hon. Charity Kathambi Chepkwony, MP Njoro Constituency UDA Party

1.4 COMMITTEESECRETARIAT

5. The Committee is facilitated by the following staff:

Ms.Hellen Ekadeli

Senior ClerkAssistant/Head of Secretariat

Mr.Hamdi Hassan Mohamed Clerk Assistant III

Ms. Nancy Chamunga Fiscal Analyst II

Mr.Kevin Obilo MediaRelationsOfficerII

Ms.MercyWanyonyi Senior Legal Counsel

Dr. Joseph Kuria

Research OfficerII

Mr.Stephen Otieno

Senior Sergeant-At-Arms

Mr. Eric Ogola Public Communications Officer III

PART TWO

2.0 CONSIDERATION OF THEPRIVILEGESANDIMMUNITIES(THE GLOBALCENTRE FORADAPTATION)ORDER,2025

2.1 BRIEFOVERVIEW

6. The Privileges and Immunities (Global Centre for Adaptation) Order, 2025 indicates that the Government of Kenya has entered into an agreement for cooperation with the Global Centre for Adaptation (GCA), an international organization established with the aim of accelerating adaptation action and supporting climate adaptation solutions. 7. Pursuant to section 11 of the Privileges and Immunities Act, Cap 179, the Privileges and Immunities (Global Centre for Adaptation) Order, 2025 seeks to—- 3. (a) Grant GCA the privileges and Immunities under Part I of the Fourth Schedule to the Act which include--- 4. (i)Immunity from suit and legal process: 5. (ii) Inviolability of premises occupied as offices and official archives: 6. (ili) Exemption from rates and taxes on importation of goods: 7. (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 andexcise;and 8. (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 directlyimported or exported by it; and 9. (b) Grant the GCA director, officials and staff the privileges and immunities specified under Part II1 oftheFourthScheduletotheAct,whichinclude- 10. (i)Immunity from suit and legal process in respect of things done or omitted to be done in the course oftheperformance of official duties,exemptionfrom direct taxes uponemoluments receivedas anofficerorservantoftheorganization; 11. (ii) Immunity from national service obligations; 12. (ii) Immunity from immigration restrictions and alien registration in respect of officers and servants and their spouses and dependentrelatives; 13. (iv) Like privileges in respect of exchange control facilities as are accorded to officials of equivalentstatusformingpart ofdiplomaticmission; 14. (v) Like facilities for the officers and servants and their spouses and dependent relatives for repatriationintimeofinternationalcrisesasare afforded todiplomaticmissions;and 15. (vi)Exemption from tax or duty on the importation of furniture, personal property and household effects of an officer or servant first arriving to take uphis post in Kenya.

司

2.2THE GLOBAL CENTRE FOR ADAPTATION (GCA)

• 8.The GCA is an international organization established with the aim of accelerating adaptation action and supporting climate adaptation solutions which is registered in the Netherlands.

9. The GCA—

• (a) Is a development partner that operates through regional offices and partner institutions to facilitate knowledge sharing and learning and enable implementation of adaptation solutions, provide a coherent global perspective on adaptation and mobilize resources for adaptation;
• (b)Works topromoteglobal cooperation andcollaboration onadaptation,bringingtogether governments, international organizations, the private sector, civil society and other stakeholderstowardcommon adaptationgoals; and
• (c) Aims to catalyze action on adaptation by providing tools, support and resources to those who aremostvulnerabletotheimpactsofclimatechange.

10. The GCA has been working in collaboration with the Government of Kenya, local and international partners in Kenya since 2021.

2.3 (HCA)BETWEENTHE GOVERNMENT OFKENYAAND THE GLOBALCENTRE FORADAPTATION(GCA)

11. The Agreement is entered into pursuant to Kenya's international commitments on climate action, includingtheParisAgreement and national climate adaptationpolicies. 12. The Agreement- 3. (a)establishesa Regional Officeof the GCAinNairobi toenhanceKenya'srole in climate adaptationandresiliencebuildingeffortsacrossAfrica; 4. (b)recognizes GCA as an international organizationwith legalpersonalityi.eit can enter into contracts, acquire property and institute legal proceedings; 5. (c) GCA's property will be immune from legal processes except where immunity is expressly waived.Similarly,officials of GCAwill begranted taxexemptions,workpermits andother privileges similar to those of otherinternational organizations; 6. (d) OfficialGCA activitieswill be exempt from taxes.Additionally,goods and services importedforofficial usewillbeexemptfromcustomduty andVAT; 7. (e) GCA will recruit both international and localpersonnel.Kenyan citizens will be given priority and recruited across all levels where applicable; 8. (f)Any disputes arising from the implementation of the Agreement will be resolved through consultations and if necessary throughKenyan courts;and 9. (g)TheAgreement takes effectprovisionallyupon signature anddefinitivelyupongazettement and will remain inforce for ten(10)years,renewable by mutual agreement of the Parties.

2.3.1BenefitsforKenya

13. The Host Country Agreement with GCA is a strategic initiative aligned with Kenya's climate change agenda. It provides an opportunity for Kenya to benefit from global expertise and resourcesinclimate adaptationwhilereinforcingNairobi's status as a hubforinternational organizations. 2. 14.Additionally,itwill-- 3. (a)EnhanceKenya's international profile as a leader in climate adaptation; 4. (b)Strengthen cooperation with global stakeholders in climate resilience; 5. (c) Create job opportunities and capacity building opportunities for Kenyan professionals;

• (d)Increase investment in climate adaptation projects inKenya and Africa;and
• (e) Facilitate knowledge-sharing and learning, guide and enable the implementation of adaptation solutions, provide a coherent global perspective on adaptation and mobilize forresources

2.3.2 Financial Implications

15. The Agreement does not impose any direct financial obligations on the Government of Kenya beyondfacilitating the operations of theRegional Office.

2.3.3 Public Consultations

16. The Agreement incorporated the views of the key stakeholders such as the National Treasury and Economic Planning, Office of the Attorney General, Directorate of Immigration, Kenya Revenue Authorityand theMinistryof Environment,ClimateChange andForestry.

2.3.4 Monitoring and Review.

17. The Ministry of Foreign and Diaspora Affairs will monitor the activities of GCA together with the relevant Ministry.

PARTFOUR

4.0PUBLICPARTICIPATION/STAKEHOLDERSCONSULTATION

18. Following the call for memoranda from the public through placement of adverts in the print media on 6thDecember 2024and vide letters REF:NA/DDC/ EF&M/2025/41,REF:NA/DDC/ inviting stakeholders for a meeting, the Committee received submissions from the following stakeholders: 2. i)The Office of theAttorneyGeneral; 3. i)Ministry of Environment, Forestry and Climate Change; and 4. iii)TheStateDepartment for Foreign Affairs 19. In a meeting with the Committee held on Friday, 8th August 2025, Dr. Korir Sing'Oei, the Principal Secretary,State Department for Foreign Affairs made thefollowing submissions:

Background

20. The Global Centre on Adaptation (GCA) is an international organization registered and headquartered in the Netherlands. It is established with the aim of accelerating adaptation action and supporting climateadaptationsolutions. 21. The GCA is a development partner which operates through regional offices and partner institutions to facilitate knowledge-sharing and learning, guide and enable the implementation of adaptation 22. The GCA works to promote global cooperation and collaboration on adaptation,bringing together governments, international organizations, the private sector, civil society, and other stakeholders to tools,support,and resources to thosewho are mostvulnerable to theimpacts of climate change.

GCA'sactivitiesinKenya

23. GCA is supporting the Government of Kenya to provide an investment roadmap for climate resilient infrastructure, in partnership with the University of Nairobi. Through a risk and resilience assessment, this project aims to produce an investment roadmap that will guide the development of climate resilient infrastructure systemsin Kenya.The roadmapwill influence the national commitment of investing $20.3 billion to enhance climate proofing of infrastructure by 2030 under the National Adaptation Plan. 2. 24.The GCA is working with the African Development Bank (AfDB),under the African Adaptation Acceleration Program (AAAP), and Kenya National Highways Authority (KeNHA) to mainstream climate adaptation investing US$ 223 million to upgrade critical sections of the Kenya to SouthSudan road corridor. This will boost the movement of goods, persons (service provision) and improvesoverallsecurity. 25. The GCA is working with the World Bank Group (WBG) to strengthen the public sector capacity ofKenyan counties and municipal boards to implement climate resilienturban services and planning under the USS350m Kenya Urban Support Program - HI (KUSP2).

• 26.In collaboration with the African Development Bank (AfDB) and the Alliance of Biodiversity Internationaland theInternational CenterforTropicalAgriculture(ClAT)GCA,workstomainstream climateadaptation solutions andresiliencemeasuresto climate-proofinvestmentsunder theAfDBs Program toBuild Resilience forFoodand Nutritional Securityin theHornofAfrica(BREFONS). This US$226 million investment program contributes to improving food and nutrition security and increasing resilience in theHorn ofAfrica.By strengthening theresilience and adaptive capacity of pastoral and agropastoral communities and production systems toclimatechange.theprogramalso contributes to improving peace and security in the region. The countries covered by the program are Djibouti,Ethiopia,Kenya,South Sudan,Sudan,Eritrea.

27. The African Youth Adaptation Solutions Challenge (YouthADAPT) is an annual competition and awards program that supports youth-led enterprises with innovative climate adaptation and resilience solutions.Each winner of the Challengereceives a $100,000 grant andmentorship,enabling them to expand their solutions. The winners also gain business support through a 12-month accelerator program.

• 28.Among the over forty winners of the AAAP's African Youth Adaptation Solutions Challengc (YouthADAPT Challenge), eight of them are from Kenya, some of the programs include:
• (i)AgritechAnalytics developed a crop and soil management tool that leverages data from Al powered satellite analytics driven by ML algorithms and data from solar-powered loT sensor totacklewaterdeficit,unpredictableweather events.plant andsoildiseases.
• (ii) Kisumeo Organics empowers smallholder farmers to create sustainable and climate-resilient aquatic food systems byleveraging artificial intelligence to produce crawfishfries allyear round.
• (ii)Farmer Lifeline Technologies helps farmers to get ahead of pests and pathogens with a proprietary disease detection device.The enterprise also reduces greenhouse gas emissions from synthetic fertilizers and farm chemicals by crcating more cnvironmentally friendly versions.

29. The intended Nairobi Regional Office will oversee the Africa Adaptation Acceleration Program (AAAP). The AAAP focuses on transformational pillars applicable totheregion including Kenya whereinvestmentsin adaptation andresiliencebuilding canyield high economic dividendsforAfrican nations andcan accelerate the achievement of theSustainableDevelopment Goals.

• 30.These pillars include:
• (i) Food security;
• (ii)Infrastructure andNature-basedSolutions;
• (iii)YouthEntrepreneurship andAdaptationJobs;
• (iv)AdaptationFinanceResearchforImpact;and
• (v)AgendaSettingandAdvocacy.
• (vi)To actualize the Regional Office, the GCA has requested to conclude a Host Country Agreement with the Government of Kenya,which agreement will provide an enabling requisiteand appropriatelegal andinstitutionalframeworktoenhancethe co-operation and ensuremoreefficientandeffectiveoperationsbyGCA,within theRepublicofKenya.

BenefitsofHostingthe Global CenteronAdaptationinKenya

31. He noted that since 2021 GCA, has committed over EUR 3 million to programs for food security, infrastructure and nature-based solutions, and adaptationjobsinKenya. 2. 32.These investments will directly influence almost $8o0 million in downstream investments,with significantlyhigherimpactontheimplementationof theGoKNationalAdaptationPlan,which has allocated$20bnforresilientinfrastructure. 3. 33.GCA's strategy draws from Kenyan solutions and expertise, including through the domestic private sector and institutionsof excellence,including theUniversity of Nairobi. 34. Kenya plays host to numerous strong implementing partners many of whom collaborate with GCA to execute projects on its behalf. The opening a regional office in Kenya will undoubtedly present opportunities for deeper partnership and collaboration.

Additional benefits on the openingof GCA's Regional Office

35. Increase the number of jobs for local Kenyans across all levels, spur development and humanitarian projects and increase foreign exchange earnings for the country. Further it will safeguard employment opportunities for the current and future workforce that will be based in Kenya. 36. Support the Government's focus and sstrategies around the reduction of the Country's vulnerabilities to climate change and harness the economic growth opportunities that result from effective climate adaptation. 37. Increase investment in the country which will spur economic growth through investments in adaptation and resiliencebuilding. 38. The establishment of the regional office in Nairobi will be an important step in enabling GCA to deepen our programs and impact in Kenya and the Eastern Africa region. 39. Continue to elevate Nairobi as a hub for multi-cultural diplomacy and also increase foreign currency cashflowswhichis necessaryinboosting thelocal economy. 40. Nairobi has been chosen for the Regional Office because of its relative peace, geographical location, besides being a key financial, transportation, business and economic hub, thus providing excellent regionalbasetosupportitsprograms.

FinancialImplications

41. The Government of Kenya will not incur any immediate financial implications by hosting the Global Center onAdaptation inKenya.However,as the Global Center onAdaptationhasbeenpublished in the Gazette under the Privileges and Immunities Act, the Government will incur loss of revenue through tax exemptions granted. This will however be recouped through the investments GCA will carryoutinKenya.

LegalImplications

42. There are no legal implications requiring change or creation of new law, on the grant of the Host CountryAgreement to the Global Center on Adaptation.

4.2 SUBMISSIONS BY THE MINISTRY OF ENVIRONMENT,CLIMATE CHANGE,AND FORESTRY

43. In a meeting with the Committee held on Friday, 8t August 2025, the Cabinet Secretary, Dr. Beborah Barasa,highlighted the following:

• 1 The building that's being build by GCA will host both the GCA Offices and will serve as the Headquarters of the Ministry of Environment, Climate Change and Forestry. The building will be christened Mazingira House.
• iii) That the Ministry welcomes and supports the hosting of the GCA headquarters in Kenya.
• i)Africa remains the most vulnerable continent to the adverse impacts of climate change,yet it currentlyreceivesonly3%ofglobalclimatefinancedirected towards adaptation.Theprescnce of the Global CentreforAdaptation inNairobi,widelyregarded as the environmental capital of the world, is therefore of strategic importance. It positions Kenya not only as a leader in environmental governance but also as a continental hubfor adaptation finance and resiliencebuildingefforts.

44. In a meeting with the Committee held on Friday, 8th August 2025, Ms. Olivia Simiyu, representative oftheSolicitor General,submitted that the Officehadreviewed thePrivilegesandImmunities(Global Centre for Adaptation) Order, 2025 and approved the attendant Cabinet Memorandum on the same. She furthernoted that the Order complieswith theprovisions of the Privileges and Immunities Act, Cap 179 and that the Host Country Agreement was approved by the Cabinet vide Cabinet Dispatch No. 13 of 2024 and that the Order was published as Legal Notice No. 82 of 2025.

5.0COMMITTEEOBSERVATIONS

45. Upon scrutinizing the Privileges and Immunities (Global Centre for Adaptation) Order, 2025, the Committeemadethefollowingobservations: 2. (i)TheHost CountryAgreement (HCA)between the Government of Kenya and the Global Centre for Adaptation (GCA) does not require ratification by Parliament in accordance with Article 2(6) of the Constitution which integrates international agreements into law. 3. (ii) The Privileges and Immunities (Global Centre for Adaptation) Order, 2025, Legal Notice No. 4. . 82 of 2025 is a statutory instrument and has the force of law within the meaning of section 2 of the Statutory Instruments Act, Cap 2A to the extent that it is an Order made pursuant to the powers conferred to the Cabinet Secretary under section 9 of the Privileges and Immunities Act, Cap 179. 5. (i)The Order was submitted to the Clerk of the National Assembly within the statutory timelines set out under section 11(1) of the Statutory Instruments Act, Cap. 2A. The Order was published in the Gazette as Legal Notice No. 82 of 2025 on 2nd May, 2025 and tabled on the 4th of June, 2025. 6. (iv)In compliance with section 5A of the Statutory Instruments Act, Cap 2A, the Order was accompanied by an explanatory memorandum. 7. (v)TheMinistry of Foreign and Diaspora Affairs considered the views of the key stakeholders on the Host Country Agreement (HCA) between the Government of Kenya and the Global Centre for Adaptation (GCA) such as the National Treasury and Economic Planning, Office of the Attorney General, the Directorate of Immigration, Kenya Revenue Authority and the Ministry of Environment,ClimateChangeandForestry.

PARTFIVE

6.0COMMITTEERECOMMENDATION

46. Having examined the Privileges and Immunities (Global Centre for Adaptation) Order, 2025 in accordancewith the Constitution of Kenya,theInterpretation and General Provisions Act,Cap 2, thePrivileges andImmunitiesAct,Cap179,andtheStatutoryInstrumentsAct,Cap2A,the Committeerecommendsthat theHouseAPPROvES thePrivileges andImmunities(Global Centre for Adaptation) Order,2025(Legal Notice No.82 of 2025) in its entirety pursuant to section11ofthePrivilegesandImmunitiesAct,Cap179andsection11(4)oftheStatutory InstrumentsAct,Cap2A.

2s

09

2625

SIGNED...

..DATE.

HON.VINCENTMUSYOKAMUSAU,CBS,M.P. CHAIRPERSON,

DEPARTMENTALCOMMITTEEONENVIRONMENT,FORESTRYANDMINING.

PART SIX