Why Granting Immunity to GCA in Kenya Is a Recipe for Impunity, Corruption And Abuse Of Human Rights

It is no exaggeration to say that what the Kenyan government is currently doing with the Global Center on Adaptation (GCA) is one of the most alarming confabs of power, influence, and opacity we have seen in recent years. The silence of mainstream media and the tepid response from civil society only make this more dangerous. I write this not as idle criticism but as a demand: Ruto’s government must revoke the immunity being given to GCA, force full transparency, or see that organization ousted entirely from Kenya.

Let me start by laying down the fundamentals. The GCA is an international nonprofit whose mission is to accelerate climate adaptation action.  Its declared work includes influencing adaptation finance, pushing policy reforms, convening public–private partnership forums, and facilitating “solutions” from the global to the local.  But that mission, noble as it may sound, does not give it carte blanche to operate above scrutiny, beyond accountability, and outside the law.

In recent weeks, several alarming developments have come to light. The Dutch government, originally a major funder, has announced it will stop financing the Rotterdam operations of GCA after next year.  The United Kingdom has also reportedly withdrawn support.  Donors are raising questions about governance, value for money, and political entanglements.  Now Kenya is stepping in — seemingly to offer sanctuary — by granting the GCA sweeping immunities that effectively shield it from our laws.

These immunities are not trivial. According to a detailed exposé published by Kenya Insights, the immunities include protection from lawsuits, tax exemptions, inviolability of premises, and rules that authorities cannot enter GCA premises without consent.  This is the kind of legal architecture usually reserved for sovereign states, diplomatic missions, or multilateral intergovernmental organizations — not a private NGO.  In effect, GCA would become a “state within a state,” a privileged enclave operating parallel to the Kenyan government, yet with less accountability.

Now consider the deeper red flags. Patrick Verkooijen, the Dutch national who heads GCA, was appointed Chancellor of the University of Nairobi in January 2024, well before many of these legal privileges were formalized.  This is a clear conflict of interest waiting to be exploited. GCA awarded a €1.2 million contract to the University of Nairobi for climate adaptation projects — projects on which little is publicly known about outcomes, deliverables, or audits.  So the same person is managing the university that gets payments from the NGO that he also leads. If that smells of capture, it is because it almost certainly is capture.

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The Dutch citing governance concerns is no small matter. When a major donor throws up red flags, we ought to pay attention. Yet Kenya is doubling down. Through Legal Notice No. 82 and parliamentary action, sweeping privileges for GCA were approved in a matter of weeks.  The parliamentary process was cursory and lacked rigorous scrutiny.  There was little public debate, and even fewer safeguards to protect citizens or affected communities in case GCA’s projects cause harm.

What makes this even more dangerous is the nature of the work GCA does. Climate adaptation is not an abstract, benign field. It often implicates land use, infrastructure investments, water rights, relocation, carbon markets, and development financing. Decisions in those spheres affect farmers, pastoralists, communities, municipal governments, ecosystems, local budgets, and future liabilities. If GCA wants blanket immunity for its projects, then affected communities lose legal recourse when projects go wrong. Imagine a GCA-backed irrigation or flood control project that displaces farmers or imposes unfair costs. Under ordinary arrangements, citizens can sue, seek compensation, or injunctions. Under GCA’s shield, those options could be wiped out.

Even more chilling: under the new privileges, GCA’s documents and archives are inviolable, authorities cannot seize assets, and import/export of goods for “official use” are duty-free.  Essentially, GCA becomes a legal black box. If someone wants to find out how contracts were awarded, or whether funds were misused, or how decisions were made, they would be blocked.

Some may say: “But GCA is a climate-adaptation entity doing good work, we don’t want to hamper that.” I counter: good work must stand scrutiny, transparency, oversight, and local accountability. We must not accept the narrative that complexity or urgency justifies impunity. Taking away people’s agency, legal protection, voice — that is the real danger.

Moreover, Kenya’s sovereignty is at stake. If our parliament can hand away immunity to a private NGO, what stops future administrations from doing the same for extractive companies, private armies, or profit-seeking foundations? This sets a dangerous precedent: private organizations (especially with foreign backing) become powerful centers inside our country.

To be clear: this is not about being anti-climate. Kenya absolutely needs strong resilience, adaptation, and investment in climate infrastructure. But that must be done under Kenyan law, not above it. NGOs and international bodies may assist, but Kenyan citizens must always retain recourse. No foreign NGO should become “above Kenya’s courts.”

Let me call out the players by name. President William Ruto, in pushing Kenya as a climate leader, is doubling down on this direction — but leadership requires courage to withdraw privileges that harm our democracy. Speaker, Parliament, Cabinet — you too bear responsibility for legitimizing this. Handling of GCA demonstrates poor judgment, excessive haste, and disregard for constitutional checks.

To Patrick Verkooijen and his GCA: You are not beyond reproach. You may have global networks, you may have powerful funders, but you are choosing a jurisdiction that gives you immunity from scrutiny. That is not partnership — it is parasitism. You may quietly move your operations to Nairobi, but unless you accept oversight, transparency, and accountability, you should not be welcome here.

I join the chorus demanding several immediate actions:

1. First, strip GCA of immunity. Revoke Legal Notice No. 82 or amend it to treat GCA as any other legal entity subject to Kenya’s laws: taxation, litigation, regulatory oversight, and audit rights.
2. Second, impose a full, independent audit — not by a friendly consultant, but by a neutral, internationally respected audit firm selected by Kenyan civil society and oversight bodies. Publish all contracts, deliverables, finances, performance metrics, and reports.
3. Third, separate the roles of the University of Nairobi and GCA. Verkooijen must either relinquish one of those positions or place all contracts through arms-length, transparent processes. The conflict of interest is glaring and unacceptable.
4. Fourth, open a full public debate and parliamentary oversight. The privileges granted must be subject to public hearing, input, and constitutional scrutiny (e.g., via the High Court or Senate), not behind closed doors.
5. Fifth, if GCA refuses full transparency or continues this privileged posture, then let them leave Kenya. We do not need an NGO that sees Kenyan law as optional. Let them relocate to jurisdictions with weaker standards – but not here.

To civil society, journalists, activists, and students: hold your ground. Demand document access, question every project, track funding flows, and scrutinize community impacts. Do not allow intimidation or lawsuits. Use every constitutional right, freedom of information, petitions, and court action.

To the international funders who are withdrawing support: you are sending signals that governance matters. Do not reverse course now simply because Kenya offered immunity. Insist on accountability, conditions, and compliance. Resist being complicit in weakening Kenyan institutions.

Let this moment be a clarion call. We cannot outsource our sovereignty. We cannot allow a foreign-backed NGO to become immune from investigation while operating inside our borders. The GCA must be held to Kenyan standards, not allowed to operate above them.

I will post in threads, retweet, and keep the spotlight until this is resolved. Kenyan citizens deserve nothing less than full accountability, transparency, and respect for our rule of law.

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