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Privileges and Immunities Act

11. Technical assistance, etc., agencies

Edition: 2022-12-31 · In force

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11. Technical assistance, etc., agencies

(1)Where the Government of Kenya has, whether before or after the commencement of this Act, entered into any agreement with an external agency under which, in return for assistance or co-operation in works executed in, or services rendered to, Kenya by such agency, the Government has agreed that such agency or persons in its service should enjoy any immunities or privileges, the Cabinet Secretary may, by order—
(a)declare that such agency is one to which this section applies;
(b)provide that, to such extent as may be specified in the order, such agency shall have the immunities and privileges set out in Part I of the Fourth Schedule to this Act;
(c)confer upon such classes of officers and servants of such agency as may be specified in the order, to such extent as may be so specified, the immunities and privileges set out in Part III of the said Fourth Schedule, and for the purposes of any such order references in the said Fourth Schedule to the organization shall be construed as references to the external agency named in the order.
(2)An order under subsection (1) of this section shall be so framed as to secure that there are not conferred on any person any immunities or privileges greater in extent than those which are required to be conferred on that person by the agreement concerned and that no immunity or privilege is conferred on any person who is a citizen of, or permanently resident in, Kenya.
(3)Where immunities and privileges are conferred upon any person by an order under subsection (1) of this section, the Cabinet Secretary shall, by notice in the Gazette, specify the persons who are for the time being entitled to such immunities and privileges.
(4)For the purposes of this section, "external agency" means—
(a)the government of a foreign State;
(b)any recognized agency of such a government;
(c)any internationally recognized foundation or other body.
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Source: Kenya Law