Act No: CAP. 179
Act Title: PRIVILEGES AND IMMUNITIES
SUBSIDIARY LEGISLATION
Arrangement of Sections
THE DIPLOMATIC PRIVILEGES (EXTENSION) ORDINANCE ORDER

Organizations under section 2(1) of the Diplomatic Privileges Extension Act (now repealed) to be organizations of which the Government and the government or governments of one or more foreign sovereign Powers are members.

The United Nations.

The International Court of Justice.

The Inter-African Bureau of Animal Health.

The Universal Postal Union.

The International Telecommunication Union.

The World Meteorological Organization.

The International Labour Organisation.

The Food and Agriculture Organisation.

The International Civil Aviation Organisation.

The World Health Organisation.

The United Nations Educational, Scientific and Cultural Organisation.

The Inter-governmental Maritime Consultative Organization.

The Commission for Technical Co-operation in Africa South of the Sahara.

[G.N 1237/1949, G.N. 903/1955, G.N. 1237/1955, L.N. 523/1956, L.N. 23/1961, L.N. 603/1962.]

THE DIPLOMATIC PRIVILEGES (UNITED NATIONS AND INTERNATIONAL COURT OF JUSTICE) ORDER

ARRANGEMENT OF SECTIONS

PART I – CITATION

PART II – THE UNITED NATIONS

A — The Organization

B — Representatives of Members

C — High Officials of the United Nations

D — Persons Employed on Missions on behalf of the United Nations

E — Other officials of the United Nations

Part II - INTERNATIONAL COURT OF JUSTICE

PART III – GENERAL

ANNEX I

GENERAL CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS, TOGETHER WITH CERTAIN RESOLUTIONS ADOPTED BY THE GENGERAL ASSEMBLY OF THE UNITED NATIONS ON 13TH FEBRUARY, 1946

1.

CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS

Article I - Juridical Personality

Article II - Property, Funds and Assets

Article III - Facilities in Respect of Communications

Article IV — The Representatives of Members

Article V — Officials

Article VI — Experts on Missions for the United Nations

Article VII — United Nations Laissez-Passer

Article VIII — Settlement of Disputes

Final Article

ANNEX 2

Article 19

Article 30

Article 32

Article 42

THE DIPLOMATIC PRIVILEGES (UNITED NATIONS AND INTERNATIONAL COURT OF JUSTICE) ORDER
PART I – CITATION
1.

This Order may be cited as the Diplomatic Privileges (United Nations and International Court of Justice) Order.

PART II – THE UNITED NATIONS
A — The Organization
2.

The United Nations shall have the legal capacity of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

3.

The United Nations shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to Kenya.

4.

The United Nations shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.

5.

The United Nations shall have exemption from taxes on the importation of goods directly imported by the organization for its official use in Kenya or for exportation, or on the importation of any publications of the organization directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioner of Customs and Excise may prescribe for the protection of the revenue.

6.

The United Nations shall have exemption from prohibitions and restrictions on importation and exportation in the case of goods directly imported or exported by the organization for its official use and in the case of any publications of the organization directly imported or exported by it.

7.

The United Nations shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the Press or for broadcasting (including communications addressed to or despatched from places outside Kenya), of any reduced rates applicable for the corresponding service in the case of Press telegrams.

B — Representatives of Members
8.

Except in so far as in any particular case any privilege or immunity is waived by the member governments whom they represent, representatives of member governments to the General Assembly or to any Council or other organ of the United Nations shall enjoy —

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c)

while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Kenya, save that the relief allowed shall not include relief from customs and excise duties or purchase tax except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Kenya during any period when they are present in Kenya while exercising their functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to Kenyan citizens, or persons whose usual place of abode is in Kenya.

9.

For the purposes of the application of this Order, "representatives of member governments" includes their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegation.

C — High Officials of the United Nations
10.

Except in so far as in any particular case any privilege or immunity is waived by the Secretary-General or the Security Council of the United Nations, the Secretary-General and Assistant Secretaries-General of the United Nations (and not exceeding at one time six in number) shall be accorded in respect to themselves and their spouses and children under the age of twenty-one the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as are accorded to an envoy of a foreign sovereign Power accredited to Kenya and his spouse and children. They shall also enjoy exemption from income tax in respect of emolument received by them as officers of the United Nations.

D — Persons Employed on Missions on behalf of the United Nations
11.

Except in so far as in any particular case any privilege or immunity is waived by the Secretary-General of the United Nations, persons employed on missions on behalf of the United Nations shall enjoy —

(a)

while exercising their functions as such, as during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of these functions.

E — Other officials of the United Nations
12.

Except in so far as in any particular case any privilege or immunity is waived by the Secretary-General of the United Nations, officials of the United Nations (other than those referred to in Article 10 above, and officials engaged locally and remunerated by payment calculated by the number of hours worked) shall enjoy —

(a)

immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties; and

(b)

exemption from income tax in respect of emoluments received by them as officers or servants of the United Nations.

(c)

immunity from national service obligations; and

(d)

immunity from immigration restrictions and alien registration in respect of officers and servants, their spouses and dependent relatives; and

(e)

the like privileges in respect of exchange facilities as are accorded to officials of equivalent status forming part of diplomatic missions to the Government; and

(f)

the like facilities for officers and servants, and their spouses and dependent relatives for repatriation in times of international crisis as are afforded to diplomatic missions to the Government; and

(g)

exemption from tax or duty on the importation of furniture, personal property and household effects, on an officer or servant first arriving to take up his post in Kenya.

Part II - INTERNATIONAL COURT OF JUSTICE
13.

Except in so far as in any particular case any privilege or immunity is waived by the Court, the judges and Registrar of the International Court of Justice (including any officer of the Court acting as Registrar) shall, when engaged on the business of the Court and during any journey to and from the place where the Court is sitting in connexion with such business, enjoy the like immunity from suit and legal process, the inviolability of residence and also unless they are British subjects whose usual place of abode is Kenya the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Kenya.

14.

The judges and Registrar of the International Court of Justice shall have exemption from income tax in respect of all emoluments received by them as judges or Registrar.

15.

Except in so far as in any particular case any privilege or immunity is waived by the government whom they represent before the Court, the agents, counsel and advocates of parties before the Court shall enjoy —

(a)

when engaged on their missions before the Court and during their journeys to and from the place where the Court is sitting in connexion with such missions, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in this capacity;

(c)

when engaged on their missions before the Court and during their journeys to and from the place where the Court is sitting in connexion with such mission, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Kenya, save that the relief allowed shall not include relief from customs or excise duties or purchase tax except in respect of goods imported as part of their personal baggage. They shall not, where incidence of any form of tax depends upon residence, be deemed to be resident in Kenya during any period when they are present in Kenya while exercising these functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to Kenya citizens, or persons whose usual place of abode is in Kenya.

PART III – GENERAL
16.

The names of the persons specified from time to time in exercise of the powers conferred by subsection (3) of section 2 of the Act as being entitled to the immunities and privileges referred to in this Order shall be set forth in a list compiled and published from time to time showing in regard to each person a reference to the notice prepared under the said subsection (3) and specifying the dates between which the office or employment in question was held.

ANNEX I
GENERAL CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS, TOGETHER WITH CERTAIN RESOLUTIONS ADOPTED BY THE GENGERAL ASSEMBLY OF THE UNITED NATIONS ON 13TH FEBRUARY, 1946
1.

THE GENERAL ASSEMBLY approves the annexed convention on the Privileges and Immunities of the United Nations and proposes it for accession by each Member of the United Nations.

CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS

WHEREAS Article 104 of the Charter of the United Nations provides that the Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes, and

Whereas Article 105 of the Charter of the United Nations provides that the Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfilment of its purposes and that representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of the functions in connexion with the Organization.

Consequently the General Assembly by a Resolution adopted on the 13th February, 1946, approved the following Convention and proposes it for accession by each Member of the United Nations.

Article I - Juridical Personality

Section 1.— The United Nations shall possess juridical personality. It shall have the capacity -

(a)

to contract;

(b)

to acquire and dispose of immovable and movable property;

(c)

to institute legal proceedings.

Article II - Property, Funds and Assets

Section 2. — The United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process, except in so far as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.

Section 3. — The premises of the United Nations shall be inviolable. The property and assets of the United Nations, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

Section 4. — The archives of the United Nations, and in general all documents belonging to it or held by it, shall be inviolable wherever located.

Section 5. — Without being restricted by financial controls, regulations or moratoria of any kind—

(a)

the United Nations may hold funds, gold or currency of any kind and operate accounts in any currency;

(b)

the United Nations shall be free to transfer its funds, gold or currency from one country to another or within any country and to convert any currency held by it into any other currency.

Section 6. — In exercising its rights under section 5 above, the United Nations shall pay due regard to any representations made by the Government of any Member in so far as it is considered that effect can be given to such representations without detriment to the interests of the United Nations.

Section 7. The United Nations, its assets, income and other property shall be -

(a)

exempt from all direct taxes; it is understood, however, that the United Nations will not claim exemption from taxes which are, in fact, no more than charges for public utility services;

(b)

exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the United Nations for its official use. It is understood, however, that articles imported under such exemption will not be sold in the country into which they were imported except under conditions agreed with the Government of that country;

(c)

exempt from customs duties and prohibitions and restrictions on imports and exports in respect of its publications.

Section 8. — While the United Nations will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless when the United Nations is making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, Members will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax.

Article III - Facilities in Respect of Communications

Section 9. — The United Nations shall enjoy in the territory of each Member for its official communications treatment not less favourable than that accorded by the Government of that Member to any other Government including its diplomatic mission in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telephone and other communications; and press rates for information to the press and radio. No censorship shall be applied to the official correspondence and other official communications of the United Nations.

Section 10. — The United Nations shall have the right to use codes and to despatch and receive its correspondence by courier or in bags, which shall have the same immunities and privileges as diplomatic couriers and bags.

Article IV — The Representatives of Members

Section 11. — Representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations shall, while exercising their functions and during their journey to and from the place of meeting, enjoy the following privileges and immunities—

(a)

immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind;

(b)

inviolability for all papers and documents;

(c)

the right to use codes and to receive papers or correspondence by courier or in sealed bags;

(d)

exemption in respect of themselves and their spouses from immigration restrictions, aliens’ registration or national service obligations in the State they are visiting or through which they are passing in the exercise of their functions;

(e)

the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions;

(f)

the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys; and also

(g)

such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes.

Section 12. — In order to secure for the representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations, complete freedom of speech and independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer the representatives of Members.

Section 13. — Where the incidence of any form of taxation depends upon residence, periods during which the representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations are present in a State for the discharge of their duties shall not be considered as periods of residence.

Section 14. — Privileges and immunities are accorded to the representatives of Members not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connexion with the United Nations. Consequently a Member not only has the right but is under a duty to waive the immunity of its representative in any case where in the opinion of the Member the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.

Section 15. —The provisions of sections 11, 12 and 13 are not applicable as between a representative and the authorities of the State of which he is a national or of which he is or has been the representative.

Section 16.—In this Article the expression "representatives" shall be deemed to include all delegates, deputy delegates, advisers, technical experts and secretaries of delegations.

Article V — Officials

Section 17. - The Secretary-General will specify the categories of officials to which the provisions of this Article and Article VII shall apply. He shall submit these categories to the General Assembly. Thereafter these categories shall be communicated to the Governments of all Members. The names of the officials included in these categories shall from time to time be made known to the Governments of Members.

Section 18.— Officials of the United Nations shall—

(a)

be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

(b)

be exempt from taxation on the salaries and emoluments paid to them by the United Nations;

(c)

be immune from national service obligations;

(d)

be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration;

(e)

be accorded the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions to the Government concerned;

(f)

be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crisis as diplomatic envoys;

(g)

have the right to import free of duty their furniture and effects at the time of first taking up their post in the country in question.

Section 19. — In addition to the immunities and privileges specified in section 18, the Secretary-General and all Assistant Secretaries-General shall be accorded in respect of themselves, their spouses and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law.

Section 20. — Privileges and immunities are granted to officials in the interests of the United Nations and not for the personal benefit of the individuals themselves. The Secretary-General shall have the right and the duty to waive the immunity of any official in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the United Nations. In the case of the Secretary-General, the Security Council shall have the right to waive immunity.

Section 21. — The United Nations shall co-operate at all times with the appropriate authorities of Members to facilitate the proper administration of justice, secure the observance of police regulations, and prevent the occurrence of any abuse in connexion with the privileges, immunities and facilities mentioned in this Article.

Article VI — Experts on Missions for the United Nations

Section 22.—Experts (other than officials coming within the scope of Article V) performing missions for United Nations shall be accorded such privileges and immunities as are necessary for the independent exercise of their functions during the period of their missions, including the time spent on journeys in connexion with their missions. In particular they shall be accorded -

(a)

immunity from personal arrest or detention and from seizure of their personal baggage;

(b)

in respect of words spoken or written and acts done by them in the course of the performance of their mission, immunity from legal process of every kind. This immunity from legal process shall continue to be accorded notwithstanding that the persons concerned are no longer employed on missions for the United Nations;

(c)

inviolability for all papers and documents;

(d)

for the purpose of their communications with the United Nations, the right to use codes and to receive papers or correspondence by courier or in sealed bags;

(e)

the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions;

(f)

the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys.

Section 23. — Privileges and immunities are granted to experts in the interests of the United Nations and not for the personal benefit of the individuals themselves. The Secretary-General shall have the right and the duty to waive the immunity of any expert in any case where, in his opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the United Nations.

Article VII — United Nations Laissez-Passer

Section 24.—The United Nations may issue United Nations laissez-passer to its officials. These laissez- passer shall be recognized and accepted as valid travel documents, by the authorities of Members, taking into account the provisions of section 25.

Section 25.— Applications for visas (where required) from the holders of United Nations laissez-passer, when accompanied by a certificate that they are travelling on the business of the United Nations, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for speedy travel.

Section 26. — Similar facilities to those specified in section 25 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer, have a certificate that they are travelling on the business of the United Nations.

Section 27.—The Secretary-General, Assistant Secretaries-General and Directors travelling on United Nations laissez-passer on the business of the United Nations shall be granted the same facilities as are accorded to diplomatic envoys.

Section 28.—The provisions of this Article may be applied to the comparable officials of specialized agencies if the agreements for relationship made under Article 63 of the Charter so provide.

Article VIII — Settlement of Disputes

Section 29.—The United Nations shall make provisions for appropriate modes of settlement of —

(a)

disputes arising out of contracts or other disputes of a private law character, to which the United Nations is a party;

(b)

disputes involving any official of the United Nations who by reason of his official position enjoys immunity, if immunity has not been waived by the Secretary-General.

Section 30 — All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.

Final Article

Section 31. — This convention is submitted to every Member of the United Nations for accession.

Section 32. — Accession shall be effected by deposit of an instrument with the Secretary-General of the United Nations and the convention shall come into force as regards each Member on the date of deposit of each instrument of accession.

Section 33. — The Secretary-General shall inform all Members of the United Nations of the deposit of each accession.

Section 34. — It is understood that, when an instrument of accession is deposited on behalf of any Member, the Member will be in a position under its own law to give effect to the terms of this convention.

Section 35. — This convention shall continue in force as between the United Nations and every Member which has deposited an instrument of accession for so long as that Member remains a Member of the United Nations, or until a revised general convention has been approved by the General Assembly and that Member has become a party to this revised convention.

Section 36. — The Secretary-General may conclude with any Member or Members supplementary agreements adjusting the provisions of this convention so far as that Member or those Members are concerned. These supplementary agreements shall in each case be subject to the approval of the General Assembly.

ANNEX 2

1. Extracts from the Statute of the Court.

Article 19

The members of the Court, when engaged on the business of the Court, shall enjoy diplomatic privileges and immunities.

Article 30
2.

The rules of the Court may provide for assessors to sit with with the Court or with any of its chambers, without the right to vote.

Article 32
1.

Each member of the Court shall receive an annual salary.

2.

The President shall receive a special annual allowance.

3.

The Vice-President shall receive a special allowance for every day on which he acts as President.

4.

The judges chosen under Article 31, other than members of the Court, shall receive compensation for each day on which they exercise their functions.

5.

These salaries, allowances and compensation shall be fixed by the General Assembly. They may not be decreased during the term of office.

6.

The salary of the Registrar shall be fixed by the General Assembly on the proposal of the Court.

7.

Regulations made by the General Assembly shall fix the conditions under which retirement pensions may be given to members of the Court and to the Registrar, and the conditions under which members of the Court and the Registrar shall have their travelling expenses refunded.

8.

The above salaries, allowances and compensation shall be free of all taxation.

Article 42
1.

The parties shall be represented by agents.

2.

They may have the assistance of counsel or advocates before the Court.

3.

The agents, counsel and advocates of parties before the Court shall enjoy the privileges and immunities necessary to the independent exercise of their duties.

2. Privileges and Immunities of Members of the International Court of Justice, the Registrar, Officials of the Registry, Assessors, the Agents and Counsel of the parties and of witnesses and experts.

By a resolution adopted on 13th February, 1946, the General Assembly with a view to insuring that the International Court of Justice should enjoy the privileges, immunities and facilities necessary for the exercise of its functions and the fulfilment of its purposes, in the country of its seat and elsewhere, invited the Court at its first session to consider this question and to inform the Secretary-General of its recommendations.

The Court has accordingly examined the problem in its various aspects during its first session, held at The Hague from 3rd April to 6th May, 1946, and has transmitted to the General Assembly its conclusions.

The General Assembly considered the recommendations of the Court during the second part of its first session, and the report of the Sixth Committee.

THE GENERAL ASSEMBLY,

1.

APPROVES the agreements concluded between the International Court of Justice and the Netherlands Government, as recorded in the exchange of letters between the President of the Court and the Minister of Foreign Affairs of the Netherlands.

2.

RECOMMENDS that if a judge, for the purpose of holding himself permanently at the disposal of the Court, resides in some country other than his own, he should be accorded diplomatic privileges and immunities during the period of his residence there.

3.

RECOMMENDS that judges should be accorded every facility for leaving the country where they may happen to be, for entering the country where the Court is sitting, and again for leaving it. On journeys in connexion with the exercise of their functions, they should, in all countries through which they may have to pass, enjoy all the privileges, immunities and facilities granted by these countries to diplomatic envoys.

This provision should also apply to the Registrar and to any officer of the Court acting as Registrar.

4.

RECOMMENDS that: —

(a)

Officials of the Court should enjoy in any country where they may be on the business of the Court, or in any country through which they may pass on such business, such privileges, immunities and facilities for residence and travel as may be necessary for the independent exercise of their functions.

The Registrar, and any officer of the Court acting as Registrar, should, while on the business of the Court, be accorded diplomatic privileges and immunities.

(b)

In as much as these privileges and immunities are granted to officials of the Court in the interests of the International Court of Justice, and not for the personal benefit of the individuals themselves, the Registrar of the Court, with the President’s approval, should have the right and the duty to waive the immunity in any case where, in his opinion, the immunity would impede the course of justice, and can be waived without prejudice to the interests of the Court. In the case of the Registrar, the Court should have the right to waive immunity.

5.

RECOMMENDS that: —

(a)
(i) The agents, counsel and advocates before the Court should be accorded during the period of their missions, including the time spent on journeys in connexion with their missions, the privileges and immunities provided for in Article IV, sections 11, 12 and 13, of the Convention on the Privileges and Immunities of the United Nations under the conditions of Article IV, section 15 of that Convention.
(ii) Assessors of the Court should be accorded, during the period of their missions, including the time spent on journeys in connexion with their missions, the privileges and immunities provided for in Article VI, section 22, of the Convention on the Privileges and Immunities of the United Nations.
(iii) Witnesses, experts and persons performing missions by order of the Court should be accorded, during the period of their missions, including the time spent on journeys in connexion with their missions, the privileges and immunities provided for in Article VI, section 22, of the Convention on the Privileges and Immunities of the United Nations.
(b)

In as much as the privileges and immunities referred to above under (a) are granted in the interests of the due administration of justice and not for the personal benefit of the individuals themselves, the appropriate authority should have the right and duty to waive the immunity in any case where, in its opinion, the immunity would impede and can be waived without prejudice to the course of justice.

For this purpose, the competent authority in the case of agents, counsel and advocates representing a State, will be the State concerned. In other cases (including those of assessors of the Court, persons performing missions by order of the Court and witnesses or experts), the competent authority will be the International Court of Justice or, when the Court is not sitting, the President of the Court.

6.

RECOMMENDS that: —

(a)

The authorities of Members should recognize and accept United Nations laissez-passer, issued by the International Court of Justice to the members of the Court, the Registrar and the officials of the Court, as valid travel documents, taking into account the provisions of subparagraph (b).

(b)

Applications for visas (when required) from the judges of the Court and the Registrar should be dealt with as speedily as possible. All other holders of laissez-passer should receive the same facilities when the applications for visas are accompanied by a certificate that they are travelling on the business of the Court. In addition, all holders of laissez-passer should be granted facilities for speedy travel.

(c)

Similar facilities to those specified in subparagraph (b) should be accorded to experts and other persons who, though not the holders of United Nations laissez-passer delivered by the International Court of Justice, have a certificate that they are travelling on the business of the Court.

THE DIPLOMATIC PRIVILEGES (INTER-AFRICAN BUREAU OF ANIMAL HEALTH) ORDER
1.

This Order may be cited as the Diplomatic Privileges (Inter-African Bureau of Animal Health) Order.

2.

The Inter-African Bureau of Animal Health shall have the legal capacities of a body corporate.

THE DIPLOMATIC PRIVILEGES (INTERNATIONAL TELECOMMUNICATION UNION) ORDER

ARRANGEMENT OF SECTIONS

A - CITATION

B - THE ORGANIZATION

C - REPRESENTATIVES OF THE ORGANIZATION

D - HIGH OFFICIALS OF THE UNION

E - OTHER OFFICIALS OF THE UNION

F - GENERAL

THE DIPLOMATIC PRIVILEGES (INTERNATIONAL TELECOMMUNICATION UNION) ORDER
A - CITATION
1.

This Order may be cited as the Diplomatic Privileges (International Telecommunication Union) Order.

B - THE ORGANIZATION
2.

The Union shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

3.

The Union shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to Kenya.

4.

The Union shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.

5.

The Union shall have exemption from taxes on the importation of goods directly imported by the Union for its official use in Kenya or for exportation, or on the importation of any publication of the Union directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioner of Customs may prescribe for the protection of the revenue.

6.

The Union shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Union for its official use and in the case of any publications of the Union directly imported or exported by it.

C - REPRESENTATIVES OF THE ORGANIZATION
7.
(1)

Except in so far as in any particular case any privilege or immunity is waived, in the case of representatives of member governments, by the member governments whom they represent, representatives of member Governments at plenipotentiary and administrative conferences, on the administrative Council, or consultative committees, or on any committee of any of these bodies shall enjoy -

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives.

(2)

Where the incidence of any form of taxation depends upon residence, representatives shall not be deemed to be resident in Kenya during any period when they are present in Kenya for the discharge of their duties.

(3)

For the purpose of the application of this Article, the expression "representatives" shall be deemed to include, in addition to the representatives, the members of their official staffs, accompanying them as such representatives, as alternate representatives, advisers, technical experts or secretaries of delegations.

D - HIGH OFFICIALS OF THE UNION
8.

Except in so far as in any particular case any privilege or immunity is waived by the Union, any officer of the Union holding the office of Secretary-General (including any officer acting for him during his absence from duty) shall be accorded in respect of himself, his spouse and his children under the age of twenty-one the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as are accorded to an envoy of a foreign sovereign Power accredited to Kenya and his spouse and children, and exemption from income tax in respect of emoluments received by him as an officer of the Union.

E - OTHER OFFICIALS OF THE UNION
9.

Except in so far as in any particular case any privilege or immunity is waived by the Union, officials of the Union of any category specified by it shall enjoy -

(a)

immunity from suit and legal process in respect of words spoken or written and things done or omitted to be done by them in the course of the performance of their official duties; and

(b)

exemption from income tax in respect of emoluments received by them as officers or servants of the Union; and

(c)

immunity from national service obligations; and

(d)

immunity from immigration restrictions and alien registration in respect of officers and servants, their spouses and dependent relatives; and

(e)

the like privileges in respect of exchange facilities as are accorded to officials of equivalent status forming part of diplomatic missions to the Government; and

(f)

the like facilities for officers and servants, and their spouses and dependent relatives for repatriation in times of international crisis as are afforded to diplomatic missions to the Government; and

(g)

exemption from tax or duty on the importation of furniture, personal property and household effects, on an officer or servant first arriving to take up his post in Kenya.

[L.N. 376/1962, r. 2.]

F - GENERAL
10.

The names of the persons specified from time to time in exercise of the powers conferred by subsection (3) of section 2 of the Act as being entitled to the immunities and privileges referred to in this Order shall be set forth in a list compiled and published from time to time showing in regard to each person a reference to the notice prepared under the said subsection (3) and specifying the dates between which the office or employment in question was held.

[LN. 376/1962, r. 2.]

THE DIPLOMATIC PRIVILEGES (UNIVERSAL POSTAL UNION) ORDER

ARRANGEMENT OF SECTIONS

A - CITATION

B - THE ORGANIZATION

C - REPRESENTATIVES OF THE UNION

D - HIGH OFFICIALS OF THE UNION

E - OTHER OFFICIALS OF THE UNION

F - GENERAL

THE DIPLOMATIC PRIVILEGES (UNIVERSAL POSTAL UNION) ORDER
A - CITATION
1.

This Order may be cited as the Diplomatic Privileges (Universal Postal Union) Order.

B - THE ORGANIZATION
2.

The Union shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

3.

The Union shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to Kenya.

4.

The Union shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.

5.

The Union shall have exemption from taxes on the importation of goods directly imported by the Union for its official use in Kenya or for exportation, or on the importation of any publication of the Union directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioner of Customs may prescribe for the protection of the revenue.

6.

The Union shall have exemption from prohibitions and restrictions on importation and exportation in the case of goods directly imported or exported by the Union for its official use and in the case of any publications of the Union directly imported or exported by it.

7.

The Union shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the Press or for broadcasting (including communications addressed to or despatched from places outside Kenya), of any reduced rates applicable for the corresponding service in the case of Press telegrams.

C - REPRESENTATIVES OF THE UNION
8.
(1)

Except in so far as in any particular case any privilege or immunity is waived by the Government whom they represent, representatives of members at Congresses, on the Executive and Liaison Committee, at administrative conferences or on commissions provided for in the constitution of the Union, or any committee of any of these bodies shall enjoy—

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives.

(2)

Where the incidence of any form of taxation depends upon residence, representatives shall not be deemed to be resident in Kenya during any period when they are present in Kenya for the discharge of their duties.

(3)

For the purpose of the application of this Article, the expression "representatives" shall be deemed to include, in addition to the representatives, the members of their official staffs, accompanying them as such representatives, as alternate representatives, advisers, technical experts or secretaries of delegations.

D - HIGH OFFICIALS OF THE UNION
9.

Except in so far as in any particular case any privilege or immunity is waived by the Union, the Director of the International Bureau of the Union (including any officer acting for him during his absence from duty) shall be accorded, in respect of himself, his spouse and his children under the age of twenty-one the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as are accorded to an envoy of a foreign sovereign Power accredited to Kenya and his spouse and children, and exemption from income tax in respect of emoluments received by him as an officer of the Union.

E - OTHER OFFICIALS OF THE UNION
10.

Except in so far as in any particular case any privilege or immunity is waived by the Union, officials of the Union of any category specified by it shall enjoy -

(a)

immunity from suit and legal process in respect of words spoken or written and things done or omitted to be done by them in the course of the performance of their official duties; and

(b)

exemption from income tax in respect of emoluments received by them as officers or servants of the Union; and

(c)

immunity from national service obligations; and

(d)

immunity from immigration restrictions and alien registration in respect of officers and servants, their spouses and dependent relatives; and

(e)

the like privileges in respect of exchange facilities as are accorded to officials of equivalent status forming part of diplomatic missions to the Government; and

(f)

the like facilities for officers and servants, and their spouses and dependent relatives for repatriation in times of international crisis as are afforded to diplomatic missions to the Government; and

(g)

exemption from tax or duty on the importation of furniture, personal property and household effects, on an officer or servant first arriving to take up his post in Kenya.

[L.N. 375/1962, r. 2.]

F - GENERAL
11.

The names of the persons specified from time to time in exercise of the powers conferred by subsection (3) of section 2 of the Act as being entitled to the immunities and privileges referred to in this Order shall be set forth in a list compiled and published from time to time showing in regard to each person a reference to the notice prepared under the said subsection (3) and specifying the dates between which the office or employment in question was held.

[L.N. 375/1962, r. 2.]

THE DIPLOMATIC PRIVILEGES (WORLD METEOROLOGICAL ORGANIZATION) ORDER

ARRANGEMENT OF SECTIONS

A - CITATION

B - THE ORGANIZATION

C - REPRESENTATIVES OF THE ORGANIZATION

D - OFFICIALS OF THE ORGANIZATION

E - OFFICIALS OF THE ORGANIZATION

F - GENERAL

THE DIPLOMATIC PRIVILEGES (WORLD METEOROLOGICAL ORGANIZATION) ORDER
A - CITATION
1.

This Order may be cited as the Diplomatic Privileges (World Meteorological Organization) Order.

B - THE ORGANIZATION
2.

The Organization shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

3.

The Organization shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to Kenya.

4.

The Organization shall have the like exemption or relief from taxes and rates other than taxes on the importation of goods as is accorded to a foreign sovereign Power.

5.

The Organization shall have exemption from taxes on the importation of goods directly imported by the Organization for its official use in Kenya or for exportation, or on the importation of any publication of the Organization directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioner of Customs may prescribe for the protection of the revenue.

6.

The Organization shall have 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 in the case of any publications of the Organization directly imported or exported by it.

7.

The Organization shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the Press or for broadcasting (including communications addressed to or despatched from places outside Kenya), of any reduced rates applicable for the corresponding service in the case of Press telegrams.

C - REPRESENTATIVES OF THE ORGANIZATION
8.
(1)

Except in so far as in any particular case any privilege or immunity is waived by the Governments whom they represent, representatives of members at the World Meteorological Congress, on the Executive Committee, at regional associations on technical commissions, or on any committee of any of these bodies shall enjoy-

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents; and

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives.

(2)

Where the incidence of any form of taxation depends upon residence representatives shall not be deemed to be resident in Kenya during any period when they are present in Kenya for the discharge of their duties.

(3)

For the purpose of the application of this Article the expression, "representatives" shall be deemed to include, in addition to the representatives, the members of their official staffs, accompanying them as such representatives, as alternate representatives, advisers, technical experts or secretaries of delegations.

D - OFFICIALS OF THE ORGANIZATION
9.

Except in so far as in any particular case any privilege or immunity is waived by the Organization, any officer of the Organization holding the office of Secretary-General (including any officer acting for him during his absence from duty) shall be accorded in respect of himself, his spouse and his children under the age of twenty-one the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as are accorded to an envoy of a foreign sovereign Power accredited to Kenya and his spouse and children, and exemption from income tax in respect of emoluments received by him as an officer of the Organization.

E - OFFICIALS OF THE ORGANIZATION
10.

Except in so far as in any particular case any privilege or immunity is waived by the Organization, officials of the Organization of any category specified by it shall enjoy-

(a)

immunity from suit and legal process in respect of words spoken or written and things done or omitted to be done by them in the course of the performance of their official duties;

(b)

exemption from income tax in respect of emoluments received by them as officers or servants of the Organization; and

(c)

immunity from national service obligations; and

(d)

immunity from immigration restrictions and alien registration in respect of officers and servants, their spouses and dependent relatives; and

(e)

the like privileges in respect of exchange facilities as are accorded to officials of equivalent status forming part of diplomatic missions to the Government; and

(f)

the like facilities for officers and servants, and their spouses and dependent relatives for repatriation in times of international crisis as are afforded to diplomatic missions to the Government; and

(g)

exemption from tax or duty on the importation of furniture, personal property and household effects, on an officer or servant first arriving to take up his post in Kenya.

[L.N. 373/1962, r. 2.]

F - GENERAL
11.

The names of the persons specified from time to time in exercise of the powers conferred by subsection (3) of section 2 of the Act as being entitled to the immunities and privileges referred to in this Order shall be set forth in a list compiled and published from time to time showing in regard to each person a reference to the notice prepared under the said subsection (3) and specifying the dates between which the office or employment in question was held.

[L.N. 373/1962, r. 2.]

THE DIPLOMATIC PRIVILEGES (FOOD AND AGRICULTURE ORGANISATION) ORDER

ARRANGEMENT OF SECTIONS

A — THE ORGANISATION

B — REPRESENTATIVES OF MEMBERS: CHAIRMAN OF THE COUNCIL OF THE ORGANISATION

C — HIGH OFFICIALS

D — PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION

E - OTHER OFFICIALS OF THE ORGANISATION

F - GENERAL

THE DIPLOMATIC PRIVILEGES (FOOD AND AGRICULTURE ORGANISATION) ORDER
1.

This Order may be cited as the Diplomatic Privileges (Food and Agriculture Organisation) Order.

A — THE ORGANISATION
2.

The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

3.

The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Kenya.

4.

The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5.

The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Kenya or for exportation, or on the importation of any publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioner of Customs and Excise may prescribe for the protection of the revenue.

6.

The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

7.

The Organisation shall have the right to avail itself, for telegraphic communication sent by it and containing only matter intended for publication by the Press or for broadcasting (including communications addressed to or despatched from places outside Kenya) of any reduced rates applicable for the corresponding service in the case of Press telegrams.

B — REPRESENTATIVES OF MEMBERS: CHAIRMAN OF THE COUNCIL OF THE ORGANISATION
8.
(1)

Except in so far as any privilege or immunity is waived, in the case of representatives of membegovernments, by the governments whom they represent and, in the case of the Chairman of the Council of the Organisation, representatives of member governments and the Chairman of the Council of the Organisation shall enjoy—

(a)

when exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c)

while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Kenya, save that the relief allowed shall not include relief from customs and excise duties or purchase tax except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Kenya during any period when they are present in Kenya whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this subparagraph shall not apply to Kenya citizens, or persons whose usual place of abode is in Kenya.

(2)

For the purpose of the application of this Order the expression "representatives of member governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

C — HIGH OFFICIALS
9.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Director-General and Deputy Director-General shall be accorded in respect of themselves, their spouses and their children under the age of twenty-one the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Kenya and his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D — PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION
10.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of or employed on missions on behalf of the Organisation shall enjoy—

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation; and

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the person concerned is no longer employed on missions on behalf of the Organisation.

E - OTHER OFFICIALS OF THE ORGANISATION
11.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation, other than those referred to in paragraph 9, shall enjoy—

(a)

immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b)

exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation;

(c)

immunity from national service obligations;

(d)

immunity from immigration restrictions and alien registration in respect of officers and servants, and their spouses and dependent relatives;

(e)

the like privileges in respect of exchange facilities as are accorded to officials of equivalent status forming part of diplomatic missions to the Government;

(f)

the like facilities for officers and servants, and their spouses and dependent relatives for repatriation in times of international crisis as are afforded to diplomatic missions to the Government;

(g)

exemption from tax or duty on the importation of furniture, personal property and household effects, on an officer or servant first arriving to take up his post in Kenya.

[L.N. 497/1961 r. 2.]

F - GENERAL
12.

The names of the persons specified from time to time in exercise of the powers conferred by subsection (3) of section 2 of the Act as being entitled to the immunities and privileges referred to in this Order shall be set forth in a list compiled and published from time to time showing in regard to each person a reference to the notice prepared under the said subsection (3) and specifying the dates between which the office or employment in question was held.

[L.N. 25/1961, r. 2.]

THE DIPLOMATIC PRIVILEGES (INTERNATIONAL CIVIL AVIATION ORGANISATION) ORDER

ARRANGEMENT OF SECTIONS

A - THE ORGANISATION

B-REPRESENTATIVES OF MEMBERS

C - HIGH OFFICIALS

D — PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION

E — OTHER OFFICIALS OF THE ORGANISATION

F - GENERAL

THE DIPLOMATIC PRIVILEGES (INTERNATIONAL CIVIL AVIATION ORGANISATION) ORDER
1.

This Order may be cited as the Diplomatic Privileges (International Civil Aviation Organisation) Order.

A - THE ORGANISATION
2.

The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

3.

The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Kenya.

4.

The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5.

The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Kenya or for exportation, or on the importation of any publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioner of Customs and Excise may prescribe for the protection of the revenue.

6.

The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

7.

The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the Press or for broadcasting (including communications addressed to or despatched from places outside Kenya) of any reduced rates applicable for the corresponding service in the case of Press telegrams.

B-REPRESENTATIVES OF MEMBERS
8.
(1)

Except in as far as in any particular case any privilege or immunity is waived by the member governments whom they represent, representatives of member governments to the Council of the Organisation shall enjoy-

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c)

while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Kenya, save that the relief allowed shall not include relief from customs and excise duties or purchase tax in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Kenya during any period when they are present in Kenya whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this subparagraph shall not apply to Kenya citizens, or persons whose usual place of abode is in Kenya.

(2)

For the purpose of the application of this Order, the expression, "representatives of member governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

C - HIGH OFFICIALS
9.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, the Secretary-General or the Deputy Secretary-General of the Organisation and the President of the Council of the Organisation shall be accorded in respect of themselves, their spouses and their children under the age of twenty-one the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as are accorded to an envoy of a foreign sovereign Power accredited to Kenya and his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D — PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION
10.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of or employed on missions on behalf of the Organisation shall enjoy—

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the person concerned is no longer employed on missions on behalf of the Organisation.

E — OTHER OFFICIALS OF THE ORGANISATION
11.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation, other than those referred to in paragraph 9, shall enjoy—

(a)

immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b)

exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation.

(c)

immunity from national service obligations;

(d)

immunity from immigration restrictions and alien registration in respect of officers and servants, their spouses and dependent relatives;

(e)

the like privileges in respect of exchange facilities as are accorded to officials of equivalent status forming part of diplomatic missions to the Government;

(f)

the like facilities for officers and servants, and their spouses and dependent relatives for repatriation in times of international crisis as are afforded to diplomatic missions to the Government;

(g)

exemption from tax or duty on the importation of furniture, personal property and household effects, on an officer or servant first arriving to take up his post in Kenya.

[L.N. 497/1961, s. 2.]

F - GENERAL
12.

The names of the persons specified from time to time in exercise of the powers conferred by subsection (3) of section 2 of the Act as being entitled to the immunities and privileges referred to in this Order shall be set forth in a list compiled and published from time to time showing in regard to each person a reference to the notice prepared under the said subsection (3) and specifying the dates between which the office or employment in question was held.

[L.N. 25/1961, s. 2.]

THE DIPLOMATIC PRIVILEGES (INTERNATIONAL LABOUR ORGANISATION) ORDER

ARRANGEMENT OF SECTIONS

A — THE ORGANISATION

B — REPRESENTATIVES OF MEMBERS: MEMBERS OF THE GOVERNING BODY OF THE INTERNATIONAL LABOUR OFFICE

C - HIGH OFFICIALS

D - PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION

E — OTHER OFFICIALS OF THE ORGANISATION

F — GENERAL

THE DIPLOMATIC PRIVILEGES (INTERNATIONAL LABOUR ORGANISATION) ORDER
1.

This Order may be cited as the Diplomatic Privileges (International Labour Organisation) Order.

A — THE ORGANISATION
2.

The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process.

No waiver of immunity shall be deemed to extend to any measure of execution.

3.

The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Kenya.

4.

The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5.

The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Kenya or for exportation, or on the importation of any publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioner of Customs and Excise may prescribe for the protection of the revenue.

6.

The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

7.

The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the Press or for broadcasting (including communications addressed to or despatched from places outside Kenya) of any reduced rates applicable for the corresponding service in the case of Press telegrams.

B — REPRESENTATIVES OF MEMBERS: MEMBERS OF THE GOVERNING BODY OF THE INTERNATIONAL LABOUR OFFICE
8.
(1)

Except in so far as any privilege or immunity is waived, in the case of representatives of member governments, by the governments whom they represent; and in the case of members and deputy members of the Governing Body of the International Labour Office and their substitutes, by the Governing Body, representatives of member governments and the employers' and workers' members and deputy members of the Governing Body of the International Labour Office and their substitutes shall enjoy—

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives or as members of the Governing Body of the International Labour Office, as the case may be;

(c)

while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Kenya, save that the relief allowed shall not include relief from customs and excise duties or purchase tax except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Kenya during any period when they are present in Kenya whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this subparagraph shall not apply to Kenya citizens, or persons whose usual place of abode is in Kenya.

(2)

For the purpose of the application of this Order the expression, "representatives of member governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

C - HIGH OFFICIALS
9.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Director-General and Deputy Director-General and Assistant Director-General shall be accorded in respect of themselves, their spouses and their children under the age of twenty-one the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as are accorded to an envoy of a foreign sovereign power accredited to Kenya and his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D - PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION
10.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of, or employed on missions on behalf of the Organisation shall enjoy—

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the person concerned is no longer employed on missions on behalf of the Organisation.

E — OTHER OFFICIALS OF THE ORGANISATION
11.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation, other than those referred to in paragraph 9 above, shall enjoy—

(a)

immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b)

exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation;

(c)

immunity from national service obligations;

(d)

immunity from immigration restrictions and alien registration in respect of officers and servants, and their spouses and dependent relatives;

(e)

the like privileges in respect of exchange facilities as are accorded to officials of equivalent status forming part of diplomatic missions to the Government;

(f)

the like facilities for officers and servants, and their spouses and dependent relatives for repatriation in times of international crisis as are afforded to diplomatic missions to the Government;

(g)

exemption from tax or duty on the importation of furniture, personal property and household effects, on an officer or servant first arriving to take up his post in Kenya.

[L.N. 497/1961, r. 2.]

F — GENERAL
12.

The names of the persons specified from time to time in exercise of the powers conferred by subsection (3) of section 2 of the Act as being entitled to the immunities and privileges referred to in this Order shall be set forth in a list complied and published from time to time showing in regard to each person a reference to the notice prepared under the said subsection (3) and specifying the dates between which the office or employment in question was held.

[L.N. 25/1961, r. 2.]

THE DIPLOMATIC PRIVILEGES (UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANISATION) ORDER

ARRANGEMENT OF SECTIONS

A — THE ORGANISATION

B — REPRESENTATIVES OF MEMBERS; THE PRESIDENT OF THE CONFERENCE; MEMBERS OF THE EXECUTIVE BOARD OF THE ORGANISATION

C - HIGH OFFICIALS

D — PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION

E — OTHER OFFICIALS OF THE ORGANISATION

F — GENERAL

THE DIPLOMATIC PRIVILEGES (UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANISATION) ORDER
1.

This Order may be cited as the Diplomatic Privileges (United Nations Educational, Scientific and Cultural Organisation) Order.

A — THE ORGANISATION
2.

The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

3.

The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Kenya.

4.

The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5.

The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Kenya or for exportation, or on the importation of any publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioner of Customs and Excise may prescribe for the protection of the revenue.

6.

The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

7.

The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the Press or for broadcasting (including communications addressed to or despatched from places outside Kenya) of any reduced rates applicable for the corresponding service in the case of Press telegrams.

B — REPRESENTATIVES OF MEMBERS; THE PRESIDENT OF THE CONFERENCE; MEMBERS OF THE EXECUTIVE BOARD OF THE ORGANISATION
8.
(1)

Except in so far as any privilege or immunity is waived, in the case of representatives of member governments, by the governments whom they represent, and in the case of the President of the Conference by the Organisation; and in the case of members of the Executive Board, by the Executive Board of the Organisation; representatives of member governments, the President of the Conference of the Organisation and members of the Executive Board of the Organisation shall enjoy—

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c)

while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Kenya, save that the relief allowed shall not include relief from customs and excise duties or purchase tax except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Kenya during any period when they are present in Kenya whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this subparagraph shall not apply to Kenya citizens, or persons whose usual place of abode is in Kenya.

(2)

For the purpose of the application of this Order the expression, "representatives of member governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

C - HIGH OFFICIALS
9.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Secretary-General and Deputy Secretary-General shall be accorded in respect of themselves, their spouses and their children under the age of twenty-one the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Kenya and his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D — PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION
10.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons employed on missions on behalf of the Organisation shall enjoy—

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the person concerned is no longer employed on missions on behalf of the Organisation.

E — OTHER OFFICIALS OF THE ORGANISATION
11.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation, other than those referred to in paragraph 9 above, shall enjoy—

(a)

immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b)

exemption from income tax in respect of emoluments received by them as officers and servants of the Organisation.

(c)

immunity from national service obligations;

(d)

immunity from immigration restrictions and alien registration in respect of officers and servants, their spouses and dependent relatives;

(e)

the like privileges in respect of exchange facilities as are accorded to officials of equivalent status forming part of diplomatic missions to the Government.

(f)

the like facilities for officers and servants, and their spouses and dependent relatives for repatriation in times of international crisis as are afforded to diplomatic missions to the Government;

(g)

exemption from tax or duty on the importation of furniture, personal property and household effects, on an officer or servant first arriving to take up his post in Kenya.

[L.N. 497/1961, s. 2.]

F — GENERAL
12.

The names of the persons specified from time to time in exercise of the powers conferred by subsection (3) of section 2 of the Act as being entitled to the immunities and privileges referred to in this Order shall be set forth in a list compiled and published from time to time showing in regard to each person a reference to the notice prepared under the said subsection (3) and specifying the dates between which the office or employment in question was held.

[L.N. 25/1961, s. 2.]

THE DIPLOMATIC PRIVILEGES (WORLD HEALTH ORGANISATION) ORDER

ARRANGEMENT OF SECTIONS

A - THE ORGANISATION

B — REPRESENTATIVES OF MEMBERS AND OF THE EXECUTIVE BOARD OF THE ORGANISATION

C - HIGH OFFICIALS

D - PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION

E-OTHER OFFICIALS OF THE ORGANISATION

F - GENERAL

THE DIPLOMATIC PRIVILEGES (WORLD HEALTH ORGANISATION) ORDER
1.

This Order may be cited as the Diplomatic Privileges (World Health Organisation) Order.

A - THE ORGANISATION
2.

The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process.

No waiver of immunity shall be deemed to extend to any measure of execution.

3.

The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Kenya.

4.

The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5.

The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Kenya or for exportation, or on the importation of any publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioner of Customs and Excise may prescribe for the protection of the revenue.

6.

The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

7.

The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the Press or for broadcasting (including communications addressed to or despatched from places outside Kenya) of any reduced rates applicable for the corresponding service in the case of Press telegrams.

B — REPRESENTATIVES OF MEMBERS AND OF THE EXECUTIVE BOARD OF THE ORGANISATION
8.
(1)

Except in so far as in any particular case any privilege or immunity is waived, in the case of representatives of member governments, by the member governments whom they represent, and in the case of person designated to serve on the Executive Board of the Organisation and their alternates and advisers, by the Executive Board, representatives of member governments and persons designated to serve on the Executive Board of the Organisation and their alternates and advisers shall enjoy—

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c)

while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Kenya, save that the relief allowed shall not include relief from customs and excise duties or purchase tax except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Kenya during any period when they are present in Kenya whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this subparagraph shall not apply to Kenya citizens, or persons whose usual place of abode is in Kenya.

(2)

For the purpose of the application of this Order the expression, "representatives of member governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

C - HIGH OFFICIALS
9.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Director-General and Deputy Director-General shall be accorded in respect of themselves, their spouses and their children under the age of twenty-one the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Kenya and his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D - PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION
10.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of, or employed on missions on behalf of the Organisation shall enjoy—

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the person concerned is no longer employed on missions on behalf of the Organisation.

E-OTHER OFFICIALS OF THE ORGANISATION
11.

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation, other than those referred to in paragraph 9 above, shall enjoy—

(a)

immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b)

exemption from income tax in respect of emoluments received by them as officers and servants of the Organisation;

(c)

immunity from national service obligations;

(d)

immunity from immigration restrictions and alien registration in respect of officers and servants, and their spouses and dependent relatives;

(e)

the like privileges in respect of exchange facilities as are accorded to officials of equivalent status forming part of diplomatic missions to the Government;

(f)

the like facilities for officers and servants, and their spouses and dependent relatives for repatriation in times of international crisis as are afforded to diplomatic missions to the Government;

(g)

exemption from tax or duty on the importation of furniture, personal property and household effects, on an officer or servant first arriving to take up his post in Kenya.

[L.N. 49/1961, r. 2.]

F - GENERAL
12.

The names of the persons specified from time to time in exercise of the powers conferred by subsection (3) of section 2 of the Act as being entitled to the immunities and privileges referred to in this Order shall be set forth in a list compiled and published from time to time showing in regard to each person a reference to the notice prepared under the said subsection (3) and specifying the dates between which the office or employment in question was held.

[L.N. 25/1961, r. 2.]

THE DIPLOMATIC PRIVILEGES (COMMISSION FOR TECHNICAL CO-OPERATION IN AFRICA SOUTH OF THE SAHARA) ORDER

ARRANGEMENT OF SECTIONS

A - THE COMMISSION

B - REPRESENTATIVES OF MEMBER GOVERNMENTS ATTENDING MEETINGS

C - SECRETARY-GENERAL AND OTHER OFFICERS AND SERVANTS

THE DIPLOMATIC PRIVILEGES (COMMISSION FOR TECHNICAL CO-OPERATION IN AFRICA SOUTH OF THE SAHARA) ORDER

WHEREAS, by section 2 of the Diplomatic Privileges (Extension) Ordinance, it is enacted that the Governor in Council of Ministers may, by Order, provide that any organization to which the section applies, and certain representatives, officers and others of, or connected with, such organization, shall, to the extent specified in the Order, have the immunities and privileges set out in the Schedule to that Ordinance:

And whereas the Governor in Council of Miinisters has by the Diplomatic Privileges (Extension) (Declared Organizations)(Amendment) Order, 1960, added the name of the Commission for Technical Co-operation in Africa South of the Sahara (hereinafter referred to as "the Commission") to the list of those organizations of which Her Majesty's Government in the United Kingdom and the government or governments of one or more foreign sovereign powers are members:

Now, therefore, in exercise of the powers conferred by the aforesaid Ordinance, the Government in Council of Ministers hereby makes the following Order:-

1.

This Order may be cited as the Diplomatic Privileges (Commission for Technical Co-operation in Africa South of the Sahara) Order.

A - THE COMMISSION
2.

The Commission shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressely waived its immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

3.

The Commission shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of any envoy of a foreign sovereign power accredited to Her Majesty.

4.

The Commission shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5.

The Commission shall have exemption from taxes on the importation of goods directly imported by the Commission for its official use in the Colony or for exportation, or on the importation of any publications of the Commission directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioner of Customs and Excise may prescribe for the protection of the revenue.

6.

The Commission shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Commission for its official use and in the case of any publication of the Commission directly imported or exported by it.

B - REPRESENTATIVES OF MEMBER GOVERNMENTS ATTENDING MEETINGS
7.

Except in so far as in any particular case any privilege or immunity is waived by the Governments whom they represent, representatives of member governments attending meetings of the Commission shall enjoy -

(a)

during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Commission;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions;

(c)

exemption from immigration formalities and alien registration.

C - SECRETARY-GENERAL AND OTHER OFFICERS AND SERVANTS
8.

Execept in so far as any privilege or immunity is waived by the Commission, the Secretary-General and other officers and servants thereof shall enjoy -

(a)

when exercising their functions as such and during their journey to and from the place of meeting, immunity from personal arrest, or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their official capacity;

(c)

exemption from immigration formalities and alien registration;

(d)

while exercising their functions, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Her Majesty, save that the relief allowed shall not include relief from customs and excise duties or purchase tax except in respect of goods imported as part of their personal baggage of their family, on the occasion of their first arrival in the Colony to take up employment. They shall not, where the incidence of any form of taxation depends upon residence, when deemed to be resident in the Colony during any period when they are present in the Colony whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this subparagraph shall not apply to British subjects whose usual place of abode is in the Colony.

9.

The names of the persons specified from time to time in exercise of the powers conferred by subsection (3) of section 2 of the Ordinance as being entitled to the immunities and privileges referred to in this order shall be set forth in a list compiled and published from time to time showing in regard to each person a reference to the notice prepared under the said subsection (3) and specifying the dates between which the office or employment in question was held.

THE DIPLOMATIC PRIVILEGES (INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION) ORDER

ARRANGEMENT OF SECTIONS

A - THE ORGANIZATION

B - REPRESENTATIVES OF MEMBERS: CHAIRMAN OF THE COUNCIL OF THE ORGANIZATION

C - HIGH OFFICIALS

D - PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANIZATION

E - OTHER OFFICIALS OF THE ORGANIZATION

THE DIPLOMATIC PRIVILEGES (INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION) ORDER
1.

This Order may be cited as the Diplomatic Privileges (Inter-governmental Maritime Consultative Organization) Order.

A - THE ORGANIZATION
2.

The Organization shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

3.

The Organization shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Kenya.

4.

The Organization shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

5.

The Organization shall have exemption from taxes on the importation of goods directly imported by the Organization for its official use in Kenya or for exportation, or on the importation of any publications of the Organization directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioner of Customs and Excise may prescribe for the protection of the revenue.

6.

The Organization shall have exemption from prohibitions and restriction on importation or exportation in the case of goods directly imported or exported by the Organization for its official use and in the case of any publications of the Organization directly imported or exported by it.

7.

The Organization shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the Press or for broadcasting (including communications addressed to or despatched from places outside Kenya) of any reduced rates applicable for the corresponding service in the case of Press telegrams.

B - REPRESENTATIVES OF MEMBERS: CHAIRMAN OF THE COUNCIL OF THE ORGANIZATION
8.
(1)

Except in so far as any privilege or immunity is waived, in the case of representatives of member governments, by the governments whom they represent, and, in the case of the Chairman of the Council of the Organization, by the Council of the Organization, representatives of member governments, and the Chairman of the Council of the Organization shall enjoy—

(a)

when exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c)

while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Kenya, save that the relief allowed shall not include relief from customs and excise duties or purchase tax except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Kenya during any period when they are present in Kenya whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this subparagraph shall not apply to Kenya citizens, or persons whose usual place of abode is in Kenya.

(2)

For the purpose of the application of this Order the expression, "representatives of member governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

C - HIGH OFFICIALS
9.

Except in so far as in any particular case any privilege or immunity is waived by the Organization, officers of the Organization holding the offices of Director-General and Deputy Director-General shall be accorded in respect of themselves, their spouses and children under the age of twenty-one the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as are accorded to an envoy of a foreign sovereign power accredited to Kenya and his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D - PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANIZATION
10.

Except in so far as in any particular case any privilege or immunity is waived by the Organization, persons (other than officials of the Organization) serving on Committees of, or employed on missions on behalf of the Organization shall enjoy—

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organization;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the person concerned is no longer employed on missions on behalf of the Organization.

E - OTHER OFFICIALS OF THE ORGANIZATION
11.

Except in so far as in any particular case any privilege or immunity is waived by the Organization, all officials of the Organization, other than those referred to in paragraph 9, shall enjoy—

(a)

immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b)

exemption from income tax in respect of emoluments received by them as officers or servants of the Organization.

(c)

immunity from National Service obligations;

(d)

immunity from immigration restrictions and alien registration in respect of officers and servants, their spouses and dependent relatives;

(e)

the like privileges in respect of exchange facilities as are accorded to officials of equivalent status forming part of diplomatic missions to the Government;

(f)

the like facilities for officers and servants, and their spouses and dependent relatives for repatriation in times of international crisis as are afforded to diplomatic missions to the Government;

(g)

exemption from tax or duty on the importation of furniture, personal property and household effects, on an officer or servant first arriving to take up his post in Kenya.

[L.N. 294/1961, s. 2.]

12.

The names of the person specified from time to time in exercise of the powers conferred by subsection (3) of section 2 of the Ordinance as being entitled to the immunities and privileges referred to in this order shall be set forth in a list compiled and published from time to time showing in regard to each person a reference to the notice prepared under the said subsection (3), and specifying the dates between which the officer or employment in question was held.

THE PRIVILEGES AND IMMUNITIES (REGIONAL CENTRE FOR SERVICES IN SURVEYING AND MAPPING) ORDER
1.

This Order may be cited as the Privileges and Immunities (Regional Centre for Services in Surveying and Mapping) Order.

2.

In this Order—

"Centre" means the Regional Centre for Services in Surveying and Mapping established by an Agreement made at Nairobi between the governments of certain sovereign states in eastern and central Africa, including the Government of Kenya, which came into force on 18th April, 1975.

"senior officer of the Centre" means any officer of the Centre holding the post of deputy assistant head of a technical department or any post above the post of deputy assistant head of a technical department.

3.

The Centre is hereby declared to be an organization of which the Government of Kenya and other foreign governments are members.

4.

The Centre shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

5.

The exemption from rates and taxes made under paragraph 3 of Part I of the Fourth Schedule to the Act shall, notwithstanding paragraph 4(b), be like, and be limited to, the exemption made under Articles 23 and 28 of the First Schedule to the Act.

6.

Any persons who are representatives (whether of governments or not) on any organ of the Centre or are members of any committee of the Centre or of an organ thereof, other than as a representative of the Government of Kenya or as a member of the staff of such representative, and who are specified in a notice in the Gazette pursuant to section 9(4)(a) of the Act, shall have the Privileges and immunities specified in Part II of the Fourth Schedule to the Act.

7.

Any senior officer of the Centre who is not—

(a)

a resident of Kenya except solely for the purpose of rendering services to the Centre: or

(b)

having dealings with the Centre as the representative of the Government of Kenya or as a member of the staff of such representative, shall have the privileges and immunities specified in Part III of the Fourth Schedule to the Act.

8.

The exemption from tax or duty on importation made under paragraph 7 of Part III of the Fourth Schedule to the Act shall, notwithstanding paragraph 7, be like, and be limited to, the exemption made under paragraph 5(3) of Part A of the Third Schedule to the Customs Tariff Act (Repealed).

THE PRIVILEGES AND IMMUNITIES (THE DESERT LOCUST CONTROL ORGANIZATION FOR EASTERN AFRICA) ORDER
1.

This Order may be cited as the Privileges and Immunities (The Desert Locust Control Organimtion for Eastern Africa) Order.

2.

The Desert Locust Control Organization for Eastern Africa, hereinafter in this Order referred to as "the Organization", being an organization of which the Government of Kenya and other foreign governments are members, is hereby declared to be an organization to which section 9 of the Act shall apply.

3.

The Organization shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in paragraph 1, 2 and 4 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Organization shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges and immunities specified in paragraphs 1 to 7 (inclusive) of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to citizens or nationals of any country of the Community or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and of working exclusively for, the Organization.

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL RED LOCUST CONTROL ORGANIZATION FOR CENTRAL AFRICA AND SOUTHERN AFRICA) ORDER
1.

This Order may be cited as the Privileges and Immunities (International Red Locust Control Organization for Central and Sourthern Africa) Order.

2.

The International Red Locust Control Organization for Central and Southern Africa, in this Order referred to as "the Organization", being an Organization of which the Government of Kenya and other Foreign Governments are members, is hereby declared to be an Organization to which section 9 of the Act shall apply.

3.

The Organization shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 1, 2 and 4 of part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Organization shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges and immunities specified in paragraphs 1 to 7 (inclusive) of part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to citizens or nationals of any country of the community or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Organization.

THE PRIVILEGES AND IMMUNITIES (AFRICAN SOCIAL STUDIES PROGRAMME) ORDER
1.

This Order may be cited as the Privileges and Immunities (African Social Studies Programme) Order.

2.

The African Social Studies Programme, in this Order referred to as the "Organization", being an organization of which the Government of Kenya and other foreign governments are members, is hereby declared to be an organization to whi ch section 9 of the Act applies.

3.

The organization shall have-

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 1 to 4 (inclusive) of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the organization shall, while residing in Kenya and performing duties in the service of the organization, have the privileges and immunities specified in paragraphs 1 to 7 (inclusive) of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to the nationals of Kenya, who are employees of the organization, or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of and working exclusively for the organization.

THE PRIVILEGES AND IMMUNITIES (UNITED NATIONS ENVIRONMENT PROGRAMME) ORDER
1.

This Order may be cited as the Privileges and Immunities (United Nations Environment Programme) Order and shall be deemed to have come into operation on the 1st September, 1973.

2.

The United Nations Environment Programme, hereinafter referred to as "the Organization", being an organization of which the Government of Kenya and other governments are members, is hereby declared to be an organization to which section 9 of the Act shall apply.

3.

The Organization shall have—

(a)

the legal capacities of a body corporate; and

(b)

the immunities and privileges specified in Part 1 of the Fourth Schedule to the Act.

4.

The exemption from rates and taxes made under paragraph 3 of Part I of the Fourth Schedule to the Act shall, notwithstanding paragraph 3 (b) of this Order, be like, and be limited to, the exemption made under Articles 23 and 28 of the First Schedule to the Act.

5.

Any person who is an employee of the Organization shall, while residing in Kenya and performing duties in the service of the Organization, have the Immunities and Privileges specified in Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person ordinarily resident in Kenya subject to the Agreement betwween the Kenya Government and United Nations Environment Programme establishing United Nations Environment Programme headquarters.

[L.N. 315/1979, r. 2.]

6.

The exemption from tax or duty importation made under paragraph 7 of Part III of the Fourth Schedule to the Act shall, notwithstanding paragraph 5 of this Order, be like, and be limited to, the exemption made under paragraph 4(3) of Part A of the Fifth Schedule to the East African Community Customs Management Act, 2004.

THE PRIVILEGES AND IMMUNITIES (UNION OF RADIO AND TELEVISION NETWORK OF AFRICA) ORDER
1.

This Order may be cited as the Privileges and Immunities (Union of Radio and Television Network of Africa) Order.

2.

The Union of Radio and Television Network of Africa, hereinafter referred to as the "organization", being an organization of which the Government of Kenya and other foreign Governments are members is declared to be an organization to which section 9 of the Act shall apply.

3.

The organization shall have-

(a)

the legal capacities of a body corporate; and

(b)

the immunities and privileges specified in Part I of the Fourth Schedule to the Act.

4.

Notwithstanding paragraph 3(b) of this Order, the exemption from rates and taxes under paragraph 3 of Part I of the Fourth Schedule to the Act shall be limited to the exemption made under Article 23 of the First Schedule to the Act.

5.

The Director of the Programme Exchange Centre of the organization or any person acting in his behalf shall be accorded the immunities and privileges specified in Part II of the Fourth Schedule to the Act.

6.

Any person who is a designated employee of the organization shall, while residing in Kenya and performing duties in the services of the organization, have the immunities and privileges specified in paragraphs 1 to 7 (inclusive) of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to a citizen of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and of working exclusively for, the organization.

THE PRIVILEGES AND IMMUNITIES (THE EASTERN AND SOUTHERN AFRICAN MANAGEMENT INSTITUTE) ORDER
1.

This Order may be cited as the Privileges and Immunities (The Eastern and Southern African Management Institute) Order.

2.

The Eastern and Southern African Management Institute, in this Order referred to as "the institute", being an organization of which the Government of Kenya and other foreign governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The institute shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the institute shall, while residing in Kenya and performing duties in the service of the institute, have the privileges and immunities specified in paragraphs 2 to 7 (inclusive) of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for, the institute.

THE PRIVILEGES AND IMMUNITIES (COMMONWEALTH SECRETARIAT) ORDER
1.

This Order may be cited as the Privileges and Immunities (Commonwealth Secretariat) Order.

2.

The Commonwealth Secretariat, in this Order referred to as "the Secretariat", being an organization to which the Government of Kenya and other foreign governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Secretariat shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in paragraph 4 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Secretariat shall, while residing in Kenya and performing duties in the service of the Secretariat, have the privileges and immunities specified in paragraphs 2 to 7 (inclusive) of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for, the Secretariat.

5.

For the purposes of this Order the Secretariat includes any fund or technical assistance agency established by the Secretariat.

THE PRIVILEGES AND IMMUNITIES (SHELTER-AFRIQUE) ORDER
1.

This Order may be cited as the Privileges and Immunities (Shelter Afrique) Order.

2.

Shelter Afrique, hereinafter referred to as "the organization", being an organization of which the Government of Kenya and other foreign governments are members is declared, to be an organization to which section 9 of the Act applies.

3.

The organization shall have—

(a)

the legal capacities of a body corporate; and

(b)

the immunities and privileges specified in Part 1 of the Fourth Schedule to the Act.

4.

Notwithstanding paragraph 3(b) of this Order, the exemption from rates and taxes under paragraph 3 of Part 1 of the Fourth Schedule to the Act shall be limited to the exemption made under Article 23 of the First Schedule to the Aot.

5.

Any person who is an employee of the organization shall, while residing in and performing duties in the service of the organization have the immunities and privileges specified in paragraphs 1 to 7 (inclusive) of Part IIII of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to a citizen of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose 'of being an employee of, and working exclusively for, the organization.

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL CENTRE FOR INSECT PHYSIOLOGY AND ECOLOGY) ORDER
1.

This Order may be cited as the Privileges and Immunities (International Centre for Insect Physiology and Ecology) Order.

2.

The International Centre for Insect Physiology and Ecology, hereinafter referred to as "the Centre", being an organization of which the Government of Kenya and other foreign governments are members, is hereby declared to be an organization to which section 9 of the Act shall apply.

3.

The Centre shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 1, 4 and 5 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Centre shall, while residing in Kenya and performing duties in the service of the Centre, have the privileges and immunities specified in paragraphs 1 to 7 (inclusive) of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of and working exclusively for the Centre.

THE PRIVILEGES AND IMMUNITIES (PREFERENTIAL TRADE AREA FOR EASTERN AND SOUTHERN AFRICAN STATES) ORDER
1.

This Order may be cited as the Privileges and Immunities (Preferential Trade Area for Eastern and Southern African States) Order.

2.

The Preferential Trade Area for Eastern and Southern African States, hereinafter referred to as "the Organization", being an organization of which the Government of Kenya and other foreign governments are members, is hereby declared to be an organization to which section 9 of the Act shall apply.

3.

The organization shall have-

(a)

the legal capacity of a body corporate; and

(b)

the privilege and immunities specified in paragraphs 1, 4 and 5 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Organization shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges and immunities specified in paragraphs 1 to 7 (inclusive) of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of and working exclusively for the Organization.

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL ORGANIZATION FOR MIGRATION) ORDER
1.

This Order may be cited as the Privileges and Immunities (International Organization for Migration) Order.

2.

The International Organization for Migration (formerly called the Inter-Governmental Committee for Migration) in this order called "the Organization" being an Organization of which the Government of Kenya and other government are members is declared to be an Organization to which section 9 of the Act shall apply.

3.

The Organization shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in Part 1 of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Organization shall, while residing in Kenya land performing duties in the service of the Organization, have the privileges and immunities specified in paragraphs 2 to 7 (inclusive) of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya who are ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for, the Organization.

5.

The Privileges and Immunities (Inter-Governmental Committee for Migration) Order, 1983 (L.N. 71/ 1983) is revoked.

THE PRIVILEGES AND IMMUNITIES (EASTERN AND SOUTHERN AFRICAN TRADE DEVELOPMENT BANK) ORDER
1.

This Order may be cited as the Privileges and Immunities (Eastern and Southern African Trade Development Bank) Order.

2.

The Eastern and Southern African Trade Development Bank established by the member states of the Preferential Trade Area for Eastern and Southern African States, hereinafter referred to as "the Bank", being an organization of which the Government of Kenya and other foreign Governments are members, is declared to be an organization to which section 9 of the Act applies.

3.

The Bank shall have—

(a)

the legal capacity of a body corporate; and

(b)

the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

4.

Notwithstanding paragraph 3(b) of this Order, the exemption from rates and taxes under paragraph 3 of Part I of the Fourth Schedule to the Act shall be limited to the exemption made under Article 23 of the First Schedule to the Act.

5.

Any person who is an employee of the Bank shall, while residing in Kenya and performing duties in the service of the Bank, have the privileges and immunities specified in paragraphs 1 to 7 (inclusive) of Part III of the Fourth Schedule to the Act:

Provided that the provision of this paragraph shall not apply to a citizen of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for the Bank.

THE PRIVILEGES AND IMMUNITIES (INTER-GOVERNMENTAL STANDING COMMITTEE ON SHIPPING) ORDER
1.

This Order may be cited as the Privileges and Immunities (Inter-Governmental Standing Committee on Shipping) Order.

2.

The Inter-Governmental Standing Committee on Shipping, in this Order called "the Standing Committee" being an organization of which the Government of Kenya and other governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Standing Committee shall have-

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in Part 1 of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Standing Committee shall, while residing in Kenya and performing duties in the service the Standing Committee, have the privileges and immunities specified in Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for, the Standing Committee.

THE PRIVILEGES AND IMMUNITIES (AFRICAN ADVANCED LEVEL TELECOMMUNICATIONS INSTITUTE) ORDER
1.

This Order may be cited as the Privileges and Immunities (African Advanced Level Telecommunications Institute) Order.

2.

The African Advanced Level Telecommunications Institute, in this Order called "the Institute", being an Institute of which the Government of Kenya and other governments are members is declared to be an Institute to which section 9 of the Act shall apply.

3.

The Institute shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Institute shall, while residing in Kenya and performing duties in the service of the Institute, have the privileges and immunities specified in paragraphs 1 and 7 (inclusive) of Part III of the Fourth Schedule to the Act:

Provided that the provision of paragraphs 2 to 7 shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for, the Institute.

5.

Nothing in this order shall be construed as conferring on any person in the institute any immunities or privileges greater in extent than those provided under the agreement signed between the Government of Kenya and the Institute.

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL CROPS RESEARCH INSTITUTE FOR THE SEMI-ARID TROPICS) ORDER
1.

This Order may be cited as the Privileges and Immunities (International Crops Research Institute for the Semi-Arid Tropics) Order.

2.

The International Crops Research Institute for the Semi-Arid Tropics, in this Order, called "the Institute", being an Institute of which the Government of Kenya and other governments are members is declared to be an Institute to which section 9 of the Act shall apply.

3.

The Institute shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Institute shall, while residing in Kenya and performing duties in the service of the Institute, have the privileges and immunities specified in paragraphs 1 to 7 (inclusive) of part III of the Fourth Schedule to the Act:

Provided that the provision of paragraphs 2 to 7 shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for, the Institute.

5.

Nothing in this order shall be construed as conferring on any person in the said institute any immunities or privileges greater in extent than those provided under the agreement signed between the Government of Kenya and the Institute.

THE PRIVILEGES AND IMMUNITIES (AFRICAN HOUSING FUND) ORDER
1.

This Order may be cited as the Privileges and Immunities (African Housing Fund) Order.

2.

The African Housing Fund, established by Shelter Afrique and hereinafter referred to as "the Fund" being an organization of which the Government of Kenya and other Governments are members is declared to be an organization to which section 9 of the Act applies.

3.

The Fund shall have—

(a)

the legal capacities of a body corporate; and

(b)

the immunities and privileges specified in Part 1 of the Fourth Schedule to the Act.

4.

Notwithstanding paragraph 3(b) of this Order, the exemption from rates and taxes under paragraph 3 of Part 1 of the Fourth Schedule to the Act shall be limited to the exemption made under Article 23 of the First Schedule to the Act.

5.

Any person who is an employee of the Fund shall, while residing in Kenya and performing duties in the service of the Fund, have the immunities and privileges specified in paragraphs 1 to 7 (inclusive) of Part III of the Fourth Schedule of the Act:

Provided that the provisions of this paragraph shall not apply to a citizen of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Fund.

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL LABORATORY FOR RESEARCH ON ANIMAL DISEASES) ORDER
1.

This Order may be cited as the Privileges and Immunities (International Laboratory for Research on Animal Diseases) Order.

2.

The International Laboratory for Research on Animal Diseases, in this Order referred to as "I.L.R.A.D.", being an Organization of which the Government of Kenya and other governments are members, is declared to be an Organization to which section 9 of the Act shall apply.

3.

I.L.R.A.D. shall have-

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in Part i of the Fourth Schedule to the Act.

4.

Any person who is an employee of I.L.R.A.D. shall, while residing in Kenya and performing duties in the service of I.L.R.A.D., have the privileges and immunities specified in Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for, I.L.R.A.D.

THE PRIVILEGES AND IMMUNITIES (CENTRE FOR AGRICULTURE AND BIOSCIENCES INTERNATIONAL (C.A.B.I.)) ORDER
1.

This Order may be cited as the Privileges and Immunities (Centre for Agriculture and Biosciences International (C.A.B.I.)) Order.

2.

The Centre for Agriculture and Biosciences International (C.A.B.I.) being an organization of which the Government of Kenya and other governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Centre for Agriculture and Biosciences International (C.A.B.I.) shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of Centre for Agriculture and Biosciences International (C.A.B.I.) shall, while residing in Kenya and performing duties in the service of the Centre for Agriculture ad Biosciences International (C.A.B.I.) have the privileges and immunities specified in Part III of the Fourth Schedule to the Act, provided that the provisions of this para-graph shall not apply to citizens of Kenya or any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of or working exclusively for Centre for Agriculture and Biosciences International (C.A.B.I.).

THE PRIVILEGES AND IMMUNITIES (THE AFRICAN ASSOCIATION FOR PUBLIC ADMINISTRATION AND MANAGEMENT) ORDER
1.

This Order may be cited as the Privileges and Immunities (African Association for Public Administration and Management) Order.

2.

The African Association for Public Administration and Management in this Order referred to as "the Organization", being an organization of which the Government of Kenya and other governments are members is declared to be an organization to which section 9 of the Act shall apply.

3.

The organization shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the organization shall while residing in Kenya and performing duties in the service of the organization have the privileges and immunities specified in Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for the organization.

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL COMMITTEE OF THE RED CROSS) ORDER
1.

This Order may be cited as the Privileges and Immunities (International Committee of the Red Cross) Order.

2.

The International Committee of the Red Cross (herein after referred to as "the Committee"), constituting part of International Red Cross and Red Crescent Movement of which the Government of the Republic of Kenya and other foreign governments are members by virtue of being parties to the Geneva Conventions of 12th August, 1946, is declared to be an organization to which section 9 of the Act applies.

3.

The Committee shall have—

(a)

the legal capacities of a body corporate; and

(b)

the immunities and privileges specified in Part I of the Fourth Schedule to the Act.

4.

Notwithstanding paragraph 3(b) of this Order, the exemption from rates and taxes under paragraph 3 of Part I of the Fourth Schedule to the Act shall be limited to the exemption made under Article 23 of the First Schedule to the Act.

5.

Any person who is an employee of the Committee shall, while residing in Kenya and performing duties in the service of the Committee, have the immunities and privileges specified in paragraphs 1 to 7 (inclusive) of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to a citizen of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for the Committee.

THE PRIVILEGES AND IMMUNITIES (AFRICAN UNION OF THE BLIND) ORDER
1.

This order may be cited as the Privileges and Immunities (African Union of the Blind) Order.

2.

The African Union of the Blind hereafter referred to as "the Union" being an organization of which the Government of Kenya and other governments are members, is hereby declared to be an organization to which section 11 of the Act shall apply.

3.

The Union shall have—

(a)

the legal capacities of a body corporate; and

(b)

the Privileges and Immunities specified in part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Union shall, while residing in Kenya and performing duties in the service of the Union, have the privileges and immunities specified in paragraphs 1 to 7 (inclusive) of part III of the Fourth Schedule to the Act;

5.

Provided that the provision of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except for purposes of being an employee of and working exclusively for the union.

THE PRIVILEGES AND IMMUNITIES (AGA KHAN DEVELOPMENT NETWORK) ORDER
1.

This Order may be cited as the Privileges and Immunities (Aga Khan Development Network) Order.

2.

(1) The Aga Khan Development Network, in this Order referred to as "the Network", being a network of development agencies with which the Government of Kenya has entered into an agreement for cooperation, is declared to be an organisation to which section 11 of the Act shall apply.

(2)

For the purposes of this Order, the expression "development agencies" means the agencies specified in Schedule 1 of the agreement for co-operation dated the 24th November, 1996.

3.

The Network shall have the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

4.

Except in so far as, in any particular case, any privilege or immunity is waived by His Highness Prince Karim Aga Khan or his successor to the Imamat designated by his predecessor, the personal representative of His Highness the Prince Karim Aga Khan, the 49th hereditary Imam of the Shia Inland Ismaili Muslims or his successor the Imamat designated by his predecessor, while residing in Kenya for purposes of the Network and his spouse and dependant relatives all have diplomatic status with the privileges and immunities specified in Part III of the Fourth Schedule to the Act.

5.

Except in so far as, in any particular case, any privilege or immunity is waived, the representative of the Network and the senior executive members of each of the development agencies shall, while residing in Kenya and performing duties in the service of the Network have the privileges and immunities specified in Part III of the Fourth Schedule to the Act:

Provided that this paragraph shall not apply to employees of the Network who are Kenya citizens and who are permanently resident Kenya.

6.

Senior officials of the Network who are neither citizens of nor resident in Kenya shall, while in Kenya on temporary missions to perform duties in the service of the Network, have the privileges and immunities specified in paragraphs 1, 4 and 6 of Part III of the Fourth Schedule to the Act.

THE PRIVILEGES AND IMMUNITIES (WORLDWIDE FUND FOR NATURE) ORDER
1.

This Order may be cited as the Privileges and Immunities (World-wide Fund for Nature) Order.

2.

The World-Wide Fund for Nature, in this Order referred to as the "the Fund", being an organization of which the Government of Kenya and other governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Fund shall have—

(a)

the legal capacities of a body corporate;

(b)

the privileges and immunities specified in paragraphs 3 to 6 of part I of the Fourth Schedule to the Act.

4.

Despite paragraph 3 (b) of this order, the exemption from rates and taxes under paragraph 3 of part 1 of the Fourth Schedule to the Act shall be limited to the exemption made under Article 23 of the First Schedule to the Act.

5.

Any person who is an employee of the Fund, while residing in Kenya and performing duties in the service of the Fund, shall have the privileges and immunities specified in paragraphs 2 to 7 of part III of the Fourth Schedule to the Act, provided that the provisions of this paragraph shall not apply to a citizen of Kenya or to any person who is permanently resident in Kenya.

THE PRIVILEGES AND IMMUNITIES (AFRICAN CENTRE FOR TECHNOLOGY STUDIES) ORDER
1.

This Order may be cited as the Privileges and Immunities (African Centre for Technology Studies) Order.

2.

The African Centre for Technology Studies, hereinafter referred to as "the Centre" being an organization of which the Government of Kenya and other governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Centre shall have—

(a)

the legal capacity of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 3 to 6 of part I of the Fourth Schedule to the Act.

4.

Notwithstanding paragraph 3(b) of this Order, the exemption from rates and taxes under paragraph 3 of part I of the Fourth Schedule to the Act shall be limited to the exemption made under article 23 of the First Schedule to the Act.

5.

Any person who is an employee of the Centre, shall while residing in Kenya and performing duties in the service of the Centre, have the privileges and immunities specified in paragraphs 2 to 7 of part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to a Kenyan citizen or to any person who is permanently resident in Kenya.

THE PRIVILEGES AND IMMUNITIES (WORLD ORGANIZATION OF THE SCOUT MOVEMENT) ORDER
1.

This Order may be cited as the Privileges and Immunities (World Organization of the Scout Movement) Order.

2.

The World Organization of the Scout Movement, in this Order referred to as "the Scout Movement", being an organization with which the Government of Kenya has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Scout Movement shall have the privileges and immunities specified in paragraphs 3, 4, 5 and 6 of Part 1 of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Scout Movement shall, while residing in Kenya and performing duties in the service of the Scout Movement, have the privileges and immunities specified in paragraphs 2,3,4,5,6 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for the Scout Movement.

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL FEDERATION OF RED CROSS AND RED CRESCENT SOCIETIES, REGIONAL DELEGATION FOR EASTERN AFRICA) ORDER
1.

This Order may be cited as the Privileges and Immunities (International Federation of Red Cross and Red Crescent Societies, Regional Delegation for Eastern Africa) Order.

2.

The International Federation of Red Cross and Red Crescent Societies, Regional Delegation for Eastern Africa, in this Order called the "the Delegation", being an agency with which the Government of Kenya has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Delegation shall have the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Delegation shall, while residing in Kenya and performing duties in the service of the Delegation, have the Privileges and immunities set out in paragraphs 2 to 7 (inclusive) of Part III of the Fourth Schedule to the Act.

Provided that the provisions of this paragraph shall not apply to employees of the Delegation who are Kenya citizens and who are permanently resident in Kenya

THE PRIVILEGES AND IMMUNITIES (THE INTERNATIONAL UNION FOR THE CONSERVATION OF NATURE AND NATURAL RESOURCES) ORDER
1.

This Order may be cited as the Privileges and Immunities (The International Union for the Conservation of Nature and Natural Resources) Order.

2.

The International Union for the Conservation of Nature and Natural Resources, in this Order referred to as "the Union", being an Organization of which the Government of Kenya and other governments are members, is declared to be an organization to which section 9 of the Act shall apply-

3.

The union shall have—

(a)

the legal capacity of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 1 to 6 of Part I and Part III of the Fourth Schedule to the Act.

4.

Notwithstanding paragraph 3(b) of this Order, the exemption from rates and taxes under paragraph 3 of Part I of the Fourth Schedule to the Act shall he limited to the exemption made under Article 23 of the First Schedule to the Act.

5.

Any person who is an employee of the Union shall, while residing in Kenya and performing duties in the service of the Union, have the privileges and immunities specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to employees of the Union who are Kenya citizens or to any person who is permanently resident in Kenya.

THE PRIVILEGES AND IMMUNITIES (EAST AFRICAN DEVELOPMENT BANK) ORDER
1.

This Order may be cited as the Privileges and Immunities (East African Development Bank) Order.

2.

The East African Development Bank, in this order referred to as "the Bank" being an organization of which the Government of Kenya and other governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The bank shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 2 to 6 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Bank shall, while residing in Kenya and performing duties in the service of the Bank, have the privileges and immunities specified in paragraphs 2 to 7 of part III of the Fourth Schedule of the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for the Bank.

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL CRIMINAL POLICE ORGANIZATION SUB-REGIONAL BUREAU FOR EASTERN AFRICA) ORDER
1.

This Order may be cited as the Privileges and Immunities (International Criminal Police Organization Sub-regional Bureau for Eastern Africa) Order.

2.

The International Criminal Police Organization Sub-regional Bureau for Eastern Africa, in this Order referred to as “the Sub-regional Bureau”, being an organization of which the Government of Kenya and other governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Sub-regional Bureau shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 2 to 6 of part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Sub-regional Bureau shall, while residing in Kenya and performing duties in the service of the Sub-regional Bureau, have the privileges and immunities specified in paragraphs 2 to 7 of part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Sub-regional Bureau.

THE PRIVILEGES AND IMMUNITIES (THE INTERNATIONAL CO-OPERATIVE ALLIANCE) ORDER
1.

This Order may be cited as the Privileges and Immunities (The International Co-operative Alliance) Order.

2.

The International Co-operative Alliance, in this Order referred to as "the alliance" being an organization with which the Government of Kenya, has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The alliance shall have the Privileges and Immunities specified in Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the alliance shall, while residing in Kenya and performing duties in the service of the alliance, have the privileges and immunities specified in paragraphs 2 to 7 of part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for, the alliance.

THE PRIVILEGES AND IMMUNITIES (INTER-GOVERNMENTAL AUTHORITY ON DEVELOPMENT) ORDER
1.

This Order may be cited as the Privileges and Immunities (Inter Governmental Authority on Development) Order.

2.

The Inter Governmental Authority on Development in this Order referred to as "the Authority", being an organization of which the Government of Kenya and other governments are members, is declared to be an organization to which section 9 of the Act, shall apply.

3.

The Authority shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

4.

Representatives of member states shall have the privileges and immunities specified in Part II of the Fourth Schedule to the Act.

5.

Any person who is an employee of the Authority shall, while residing in Kenya and performing duties in the service of the Authority, have the privileges and immunities specified in Part II of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for the Authority.

THE PRIVILEGES AND IMMUNITIES (AFRICAN ECONOMIC RESEARCH CONSORTIUM) ORDER
1.

This Order may be cited as the Privileges and Immunities (African Economic Research Consortium) Order.

2.

The African Economic Research Consortium, in this Order referred to as "the Consortium", being an organization with which the Government of Kenya has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Consortium shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 2 to 6 of Part 1 of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Consortium shall, while residing in Kenya and performing duties in the service of the Consortium, have the privileges and immunities specified in paragraphs 2 to 7 of Part III of the Fourth Schedule to the Act;

Provided that the provisions of this paragraph shall not apply to citizens of Kenya, or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for the Consortium.

THE PRIVILEGES AND IMMUNITIES (COMMONWEALTH ASSOCIATION OF POLYTECHNICS IN AFRICA) ORDER
1.

This Order may he cited as the Privileges and Immunities (Commonwealth Association of Polytechnics in Africa) Order.

2.

The Commonwealth Association of Polytechnics in Africa, in this Order referred to as "the Association", being an organization with which the Government of Kenya has entered into an agreement, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Association shall have the privileges and immunities specified in paragraphs 2 to 5 (inclusive) of Part I of the Fourth Schedule to the Act.

4.

Notwithstanding paragraph 3 of this Order, the exemption from rates and taxes under paragraph 3 of Part I of the Fourth Schedule to the Act shall be limited to the exemption made under Article 23 of the First Schedule to the Act.

5.

Any person who is an employee of the Association shall, while residing in Kenya and performing duties in the service of the Association, have the privileges and immunities specified in paragraphs 2 to 7 (inclusive) of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of and working exclusively for the Association.

THE PRIVILEGES AND IMMUNITIES THE INTERNATIONAL LIVESTOCK RESEARCH INSTITUTE (ILRI)] ORDER
1.

This Order may be cited as the Privileges and Immunities [The International Livestock Research Institute (ILRI)] Order.

2.

The International Livestock Research (ILRI). in this Order referred to as "the Institute", being an organization of which the Government of Kenya and other governments are members, b declared to be an organization to which section 9 of the Act shall apply.

3.

The Institute shall have-

(a)

the legal capacity of a body corporate: and

(b)

the privileges and immunities specified in paragraphs 3 to 6 of Part I - of the Fourth schedule to the Act.

4.

Notwithstanding paragraph 3 (b) of this Order, the exemption from rates and taxes under paragraph 3 of Part I of the Fourth Schedule to the Act shall be limited to the exemption made under article 23 of the First Schedule to the Act.

5.

Any person who is an employee of the Institute shall, while residing in Kenya and performing duties in the service of the Institute, have the privileges and immunities specified in paragraphs 2 to 7 of Part Ill of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to employees of the Institute who are Kenya citizens or to any person who is permanently resident in Kenya.

THE PRIVILEGES AND IMMUNITIES (TASK FORCE ON CO-ORPERATIVE ENFORCEMENT OPERATIONS DIRECTED AT ILLEGAL TRADE IN WILD FAUNA AND FLORA) ORDER
1.

This Order may be cited as the Privileges and Immunities (Task Force on Co-operative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora) Order.

2.

The Task Force shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process:

Provided that no waiver of immunity shall be deemed to extend to any measure of execution.

3.

The Task Force shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a Foreign Sovereign Power accredited to Kenya.

4.

The Task Force shall have the like exemption or relief from taxes and rates, including taxes on the importation of goods, as is accorded to a Foreign Sovereign Power.

5.

The Task Force shall have exemption from taxes on the importation of goods directly imported by the Task Force, for its official use in Kenya or for exportation, or on the importation of any publications of the Task Force directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioner of Customs may prescribe for the protection of revenue.

6.

The Task Force shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Task Force for its official use and in the case of any publication of the Task Force directly imported or exported by it.

7.

The Task Force shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or dispatched from places outside Kenya), of any reduced rates applicable for the corresponding service in the case of press telegrams.

8.
(1)

Except in so far as any privilege or immunity is waived, in the case of representatives of member governments, by the governments whom they represent, and in the case of the chairperson and members of the Governing Council of the Task Force, by the Governing Council, representatives of member governments and the chairperson and members of the Governing Council of the Task Force shall enjoy—

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents relating to the work of the Task Force;

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives; and

(c)

while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a Foreign Sovereign Power accredited to Kenya, save that the relief allowed shall not include relief from customs and excise duties or purchase tax except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Kenya during any period when they are present in Kenya whilst exercising their functions or during their journey to and from the place of meeting.

The provisions of this subparagraph shall not apply to Kenya citizens, or persons whose usual place of abode is in Kenya.

(2)

For the purpose of the application of this Order, “representatives of member governments” includes their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

9.

Except in so far as in any particular case any privilege or immunity is waived by the Task Force, officers of the Task Force holding the offices of Director, field officers and Intelligence officers shall be accorded in respect of themselves, their spouses and their children under the age of twenty-one the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as are accorded to an envoy of a Foreign Sovereign Power accredited to Kenya and his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Task Force.

10.

Except in so far as in any particular case any privilege or immunity is waived by the Task Force, persons employed on missions on behalf of the Task Force shall enjoy—

(a)

while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Task Force; and

(b)

immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the person concerned is no longer employed on missions on behalf of the Task Force.

The provisions of this paragraph shall not apply to citizens of Kenya or to a person who is ordinarily resident in Kenya.

11.

Except in so far as in any particular case any privilege or immunity is waived by the Task Force, all officials of the Task Force, other than those referred to in paragraph 9, shall enjoy—

(a)

immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b)

exemption from income tax in respect of emoluments received by them as officers and servants of the Task Force;

(c)

immunity from national service obligations, provided that, with respect to Kenyan nationals such exemption shall be confined to officials whose names have, by reason of their duties, been placed upon a list compiled by the Director and approved by the Government; provided further that should any officials, other than those listed, who are Kenyan nationals, be called up for national service, the Government shall, upon request of the Director, grant such temporary deferments in the call-up of such officials as may be necessary to avoid interruption of the essential work of the Task Force;

(d)

immunity from immigration restrictions and alien registration in respect of officers and servants and their spouses and dependent relatives;

(e)

the like privileges in respect of exchange facilities as are accorded to officials of equivalent status forming part of diplomatic missions accredited to the Republic of Kenya;

(f)

the like facilities for officers and servants, and their spouses and dependant relatives for repatriation in times of international crisis as are accorded to diplomatic missions accredited to the Republic of Kenya; and

(g)

exemption 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 in Kenya.

The provisions of paragraph 11 shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya

THE PRIVILEGES AND IMMUNITIES (THE AFRICAN TRADE INSURANCE AGENCY) ORDER
1.

This Order may be cited as the Privileges and Immunities (The African Trade Insurance Agency) Order.

2.

The African Trade Insurance Agency, in this Order referred to as "the Agency", being an organization of which the Government of Kenya and other governments are members, is hereby declared to be an organization to which section 9 of the Act shall apply.

3.

The Agency shall have-

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in Part 1 of the Fourth Schedule to the Act

4.

Any person who is an employee of the Agency shall, while residing in Kenya and performing duties in the service of the Agency, have the privileges and immunities specified in Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya, except solely for the purpose of being an employee of, and working exclusively for the Agency.

THE PRIVILEGES AND IMMUNITIES (THE AFRICAN ADVANCED LEVEL TELECOMMUNICATIONS INSTITUTE) ORDER
1.

This order may be cited as the Privileges and Immunities (the African Advanced Level Telecommunications Institute) Order.

2.

The African Advanced Level Telecommunications Institute, in this Order referred to as "the Institute", being an organization of which the Government of Kenya and other governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Institute shall have—

(a)

the legal capacities of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 3, 4, 5 and 6 of Part I of the Fourth Schedule to the Act.

4.

Notwithstanding paragraph 3(b) of this Order, the exemption from rates and taxes under paragraph 3 of Part I of the Fourth Schedule to the Act shall be limited to the exemption made under Article 23 of the First Schedule to the Act.

5.

Any person who is an employee of the Institute shall, while residing in Kenya and performing duties in the service of the Institute, have the privileges and immunities specified in paragraphs 2 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to any citizen of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of and working exclusively for the Institute.

THE PRIVILEGES AND IMMUNITIES (THE PREPARATORY COMMISSION OF THE COMPREHENSIVE NUCLEAR TEST-BAN TREATY ORGANIZATION) ORDER
1.

This Order may be cited as the Privileges and Immunities (The Preparatory Commission of the Comprehensive Nuclear Test-Ban Treaty Organization) Order.

2.

The Preparatory Commission of the Comprehensive Nuclear Test-Ban Treaty Organization, in this Order referred to as “the Preparatory Commission", being an organization of which the Government of Kenya and other governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Preparatory Commission shall have—

(a)

the legal capacity of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 3 to 6 of Part I of the Fourth Schedule to the Act.

4.

Notwithstanding paragraph 3(b) of this Order, the exemption from rates and taxes under paragraph 3 of Part I of the Fourth Schedule to the Act shall be limited to the exemption made under article 23 of the First Schedule to the Act.

5.

Any person who is an employee of the Preparatory Commission shall, while residing in Kenya and performing duties in the service of the Preparatory Commission, have the privileges and immunities in paragraphs 2 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to employees of the Preparatory Commission who are Kenya citizens or to any person who is permanently resident in Kenya.

THE PRIVILEGES AND IMMUNITIES (THE AFRICAN POPULATION ADVISORY COUNCIL (APAC)) ORDER
1.

This Order may be cited as the Privileges and Immunities (The African Population Advisory Council (APAC)) Order.

2.

The African Population Advisory Council (APAC), in this Order referred to as "the Council", being an organization with which the Government of Kenya has entered into an agreement, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Council shall have the privileges and immunities specified in paragraphs 3 to 6 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Council shall, while residing in Kenya and performing duties in the service of the Council, have the privileges and immunities specified in paragraphs 2 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to employees of the Council who are Kenya citizens or to any person who is permanently resident in Kenya.

THE PRIVILEGES AND IMMUNITIES (THE AFRICAN POPULATION AND HEALTH RESEARCH CENTRE (APHRC)) ORDER
1.

This Order may be cited as the Privileges and Immunities (The African Population and Health Research Centre (A.P.H.R.C.) Order.

2.

The African Population and Health Research Centre (A.P.H.R.C.) in this Order referred to as "the Centre", being an organization with which the Government of Kenya has entered into an agreement, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Centre shall have the privileges and immunities specified in paragraphs 3 to 6 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Centre shall while residing in Kenya and performing duties in the service of the Centre, have the privileges and immunities specified in paragraphs 2 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to employees of the Centre who are Kenya citizens or to any person who is permanently resident in Kenya.

THE PRIVILEGES AND IMMUNITIES (THE CENTRE FOR AFRICAN FAMILY STUDIES (CAFS)) ORDER
1.

This Order may be cited as the Privileges and Immunities (The Centre for African Family Studies (CAPS)) Order.

2.

The Centre for African Family Studies (CAFS) in this Order referred to as "the Centre", being an organization with which the Government of Kenya has entered into an agreement, is declared to the an organization t0 which section 11 of the Act shall apply.

3.

The Centre shall have the privileges and immunities specified in paragraphs 3 to 6 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Centre shall, while residing in Kenya and performing duties in the service of the Centre, have the privileges and immunities specified in paragraphs 2 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to employees of the Centre who are Kenya citizens or to any person who is permanently resident in Kenya.

THE PRIVILEGES AND IMMUNITIES (SOS-KINDERDORF INTERNATIONAL (SOS)) ORDER
1.

This Order may be cited as the Privileges and Immunities (SOS-Kinderdorf International (SOS)) Order.

2.

The SOS-Kinderdorf International (SOS), in this Order referred to as "SOS" being an organization with which the Government of Kenya has entered into an agreement is declared to be an organization to which section 11 of the Act shall apply.

3.

SOS shall have—

(a)

the legal capacity of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 3 to 6 of part 1 of the Fourth Schedule to the Act.

4.

Notwithstanding paragraphs 3(b) of this Order, the exemption from rates and taxes under paragraph 3 of part 1 of the Fourth Schedule to the Act shall be limited to the exemption made under article 23 of the First Schedule to the Act.

5.

Any person who is an employee of SOS shall while residing in Kenya and performing duties in the service of SOS, have the privileges and immunities specified in paragraphs 2 to 7 of part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to employees of SOS who are Kenya citizens or to any person who is permanently resident in Kenya.

THE PRIVILEGES AND IMMUNITIES (THE AFRICAN VIRTUAL UNIVERSITY (AVU)) ORDER,
1.

This Order may be cited as the Privileges and Immunities (The African Virtual University (AVU)) Order.

2.

The African Virtual University (AVU), in this Order referred to as the "AVU" being an organization of which the Government of the Republic of Kenya and other Governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The AVU shall have—

(a)

the legal capacity of a body corporate; and

(b)

the privileges and immunities specified in part 1 of the Fourth Schedule to the Act.

4.

Notwithstanding paragraph 3(b) of this Order, the exemption from rates and taxes under paragraphs 3 of Part 1 of the Fourth Schedule to the Act, shall be limited to the exemptions made under Article 23, of the First Schedule to the Act.

5.

Any person who is an employee of the AVU shall, while residing in Kenya and performing duties in the service of the AVU, have the privileges and immunities specified in paragraphs 2 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to employees of the AVU who are Kenya citizens or to any person who is ordinarily resident in Kenya, except solely for the purpose of being an employee of, and working exclusively for AVU.

THE PRIVILEGES AND IMMUNITIES (PAN AFRICAN NEWS AGENCY) (PANAPRESS) ORDER
1.

This Order may be cited as the Privileges and Immunities (the Pan African News Agency (Panapress) Order.

2.

The Pan African News Agency in this Order referred to as "the Agency", being an organization of which the Government of Kenya and other Governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Agency shall have—

(a)

the legal capacity of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 2 to 6 of Part 1 of the Fourth Schedule to the Act.

4.

Notwithstanding paragraph 3(b) of this Order, the exemption from rates and taxes under paragraph 3 of Part 1 of the Fourth Schedule to the Act shall be limited to the exemptions made under Article 23 and 28 of the First Schedule to the Act.

5.

Any person who is an employee of the Agency shall, while residing in Kenya and performing duties in the service of the Agency, have the privileges and immunities specified in Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to employees of the Agency who are Kenya citizens or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of and working exclusively for, the Agency.

THE PRIVILEGES AND IMMUNITIES (LAKE VICTORIA BASIN COMMISSION) ORDER
1.

This Order may be cited as the Privileges and Immunities (Lake Victoria Basin commission) Order.

2.

The Lake Victoria Basin Commission, hereinafter referred in this Order to as "the Commission", being a Regional International body established by a Protocol subscribed to by the Government of Kenya and other governments, is hereby declared to be an organization to which section 9 of the Act shall apply.

3.

The Organization shall have—

(a)

The legal capacities of a body corporate;

(b)

The immunities and privileges set out in paragraphs 2, 3, 4, 5 and, 6 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Commission shall, while residing in Kenya and performing duties in the service of the Commission have the privileges and immunities specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act.

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to citizens or nationals of any country or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Commission.

THE PRIVILEGES AND IMMUNITIES (AFRICAN AIRLINES ASSOCIATION) ORDER
1.

This Order may be cited as the Privileges and Immunities (African Airlines Association) Order.

2.

The African Airlines Association, in this Order referred to as "the Association", being a regional association of airlines with the primary objective of promoting the development of safe, reliable, economical and efficient air transport in the African region, is hereby declared to be an organization to which section 11 of the Act shall apply.

3.

The Association shall have the privileges specified in paragraphs 3, 4 and 5 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Association shall, while residing in Kenya and performing duties in the service of the Association, have the privileges and immunities specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act.

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to citizens or nationals of any country or to any person who is ordinarily resident in Kenya except solety for the purpose of being an employee of, and working exclusively for, the Association.

THE PRIVILEGES AND IMMUNITIES (AFRICAN INSTITUTE FOR CAPACITY DEVELOPMENT) ORDER
1.

This Order may be cited as the Privileges and Immunities (African Institute for Capacity Development) Order.

2.

The African Institute for Capacity Development, hereinafter referred in this Order to as "the Institute", being a Regional International body established by a Charter subscribed to by the Governments of Kenya, the United Republic of Tanzania and the Republic of Uganda with the primary objective of facilitating poverty reduction in the African region through human capacity, building, is hereby declared to be an organization to which section 9 of the Act shall apply.

3.

The Institute shall have—

(a)

The legal capacities of a body corporate;

(b)

The immunities and privileges set out in paragraphs 2, 3, 4, 5, and 6 of Part I of the Fourth Schedule of the Act.

4.

Any person who is an employee of the Institute shall, while residing in Kenya and performing duties in the service of the Commission have the privileges and immunities specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act.

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to citizens or nationals of any country or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of. and working exclusively for, the Institute.

THE PRIVILEGES AND IMMUNITIES (AFRICAN REGIONAL ORGANIZATION FOR STANDARDIZATION) ORDER
1.

This Order may he cited as the Privileges and Immunities (African Regional Organization for Standardization) Order.

2.

The African Regional Organization for Standardization, in this Order referred to as "the Organization", being an organization of which the Government of the Kenya and other governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Organization shall have:

(a)

the legal capacities of fa body corporate; and

(b)

the privileges and immunities specified in paragraphs 1. 2, 3, 4 and 5 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Organization shall, while residing in Kenya and performing duties in the service of the Organization. have the privileges and immunities specified in paragraphs I to 7 of Part III of the Fourth Schedule to the Act.

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of. and working exclusively for the Organization.

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL PLANNED PARENTHOOD FEDERATION) ORDER
1.

This Order may be cited as the Privileges and Immunities (International Planned Parenthood Federation) Order.

2.

The International Planned Parenthood Federation, in this Order referred to as the Organization", being an international non-government and-non-profit making organization with the primary objective of safeguarding sexual and reproductive healthcare and rights of persons, established by a Charter subscribed to by the Government of Kenya and other governments, is hereby declared to he an organization to which section 11 of the Act shall apply.

3.

The Organization shall have the privileges specified in paragraphs 2. 3. 4 and 5 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Organization shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges and immunities specified in paragraphs I to 7 of Part III of the Fourth Schedule to the Act.

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to citizens or nationals of any country or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of. and working exclusively for, the Organization.

THE PRIVILEGES AND IMMUNITIES (THE ASSOCIATION OF EVANGELICALS IN AFRICA) ORDER
1.

This Order may be cited as the Privileges and Immunities (The Asociation of Evangelicals in Africa) Order.

2.

The Association of Evangelicals in Africa, in this Order called "the Association", being a fellowship of not-for-profit and independent African Evangelical National Associations with which the Government has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Association shall have the privileges and immunities specified in paragraph 4 of Part I of the Fourth Schedule to the Act.

4.

The Regional Representative, Professional Staff members, Advisors and Consultants of the Association shall, while residing in Kenya and performing duties in the service of the Association, have the privileges and immunities specified in paragraph 3 of part II and paragraphs 2 to 7 of Part III of the Fourth Schedule to the Act

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or work exclusively for, the Association.

THE PRIVILEGES AND IMMUNITIES (THE AFRICAN WILDLIFE FOUNDATION) ORDER
1.

This Order may be cited as the Privileges and Immunities (The African Wildlife Foundation) Order.

2.

The African Wildlife Foundation in this Order referred to as “the Foundation” being an international conservation organization with the primary objective of building the people of Africa’s capacity to manage natural resources and protect the biodiversities of the continent, with which the Government of Kenya has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

Foundation shall have the immunities and privileges specified in paragraphs 2, 3 and 4 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Foundation shall, while residing in Kenya and performing duties in the service of the Foundation, have the privileges and immunities specified in paragraphs 1, 2, 3, 4 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or work exclusively for, the Foundation.

THE PRIVILEGES AND IMMUNITIES (CHURCH WORLD SERVICE) ORDER
1.

This Order may be cited as the Privileges and Immunities (Church. World Service) Order.

2.

The Church World Service, in this Order referred to as "the Organization" being a non profit making Non-Governmental Organization with the primary objective of responding to humanitarian needs, enjoying membership from thirty-six independent denominational churches and holding consultative status with the United Nations Economic and. Social Council, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Organization shall have the immunities and privileges specified in paragraphs 3, 4 and 5 of. Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Organization shaft, while residing in Kenya and performing duties in the service of the Organization., have the privileges and immunities specified in paragraphs 2, 3, 4 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for, the Organization.

THE PRIVILEGES AND IMMUNITIES (REGIONAL DISASTER MANAGEMENT CENTRE OF EXCELLENCE) ORDER
1.

This Order may be cited as the Privileges and Immunities (Regional Disaster Management Centre of Excellence) Order.

2.

The Regional Disaster Management Centre of Excellence, in this Order, referred to as "the Organization", being an organization of which the Government of Kenya and other Governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Organization shall have—

(a)

the legal capacities of a body corporate; and;

(b)

the privileges and immunities specified in paragraph 2, 3, 4, 5 and 6 of Part 1 of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Organization shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges and immunities specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Organization.

THE PRIVILEGES AND IMMUNITIES (ALL AFRICA CONFERENCE OF CHURCHES) ORDER
1.

This Order may be cited as the Privileges and Immunities (All Africa Conference of Churches) Order.

2.

The All Africa Conference of Churches, in this Order, referred to as "the Organization", being a fellowship of Christian churches in, Africa, with the objective of mobilizing to faithfully live the message of God's love, nurturing a common understanding of the faith and interpreting and responding to the challenges to human dignity, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Organization shall have the privileges and immunities specified in paragraphs 3, 4 and 5 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Organization shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges and immunities specified in paragraphs 2, 3, and 7 of Part III of the Fourth Schedule to the Act:

Provided that this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Organization.

THE PRIVILEGES AND IMMUNITIES (EASTERN AFRICA STANDBY BRIGADE CO-ORDINATION MECHANISM (EASBRICOM)) ORDER
1.

This Order may be cited as the Privileges and Immunities (Eastern Africa Standby Brigade Co-ordination Mechanism (EASBRICOM)) Order.

2.

The Easterm Africa Standby Brigade Co-ordination Mechanism (EASBRICOM)), in this Order referred to as "the Organization", being an organization, with which the Government of Kenya and other governments are members is declared to be an organization to which section 9 of the Act shall apply.

3.

The Organization shall have—

(a)

the legal capacity of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 1, 2, 3, 4 and 5 of part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Organization shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges and immunities specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to the citizens of Kenya or any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for the Organization.

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL RESCUE COMMITTEE) ORDER
1.

This Order may be cited as the Privileges and Immunities (The International Rescue Committee) Order.

2.

The International Rescue Committee, in this Order referred to as "the Organization", being an international humanitarian non-profit organization, with which the Government has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Organization shall have—

(a)

the legal capacity of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 3, 4 and 5 of part I of the Fourth Schedule to the Act.

4.

The officials of the Organization and expatriate professional staff shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges and immunities specified in paragraph 3 of Part II and paragraph 2 to 7 of Part III of the Fourth Schedule of the Act:

Provided that the provisions of this paragraph shall not apply to the citizens of Kenya or any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for the Organization.

THE PRIVILEGES AND IMMUNITIES (LUTHERAN WORLD FEDERATION) ORDER
1.

This Order may be cited as the Privileges and Immunities (The Lutheran World Federation) Order.

2.

The Lutheran World Federation, in this Order referred to as "the Organization", being an international humanitarian non-profit organization, with which the Government has entered into an agreement, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Organization shall have—

(a)

the legal capacity of a body corporate; and

(b)

the privileges and immunities specified in paragraphs 3, 4 and 5 of part I of the Fourth Schedule to the Act.

4.

The officials of the Organization and expatriate professional staff shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges and immunities specified in paragraph 3 of Part II and paragraph 2 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to the citizens of Kenya or any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for the Organization.

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL CENTRE FOR TROPICAL AGRICULTURE) ORDER
1.

This order may be cited as the privileges and immunities (International Centre for Tropical Agriculture) Order.

2.

The International Centre for tropical Agriculture, in this Order referred to as "the Organization", being as organization to which the Government of Kenya and other governments are members, with primary objective of reducing poverty and hunger while protecting natural resources in developing countries, is declared to be an Organization to which section 9 of the act shall apply.

3.

The organization shall have—

(a)

the legal capacity of a body corporate, and

(b)

the immunities and privileges specified in part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Organization shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges and immunities specified in paragraph 2, 3, 4 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provision of this paragraph shall not apply to citizen of Kenya or to citizens or nationals of any country or to any person who is ordinarily resident in Kenya, except solely for the purpose of being an employee of, and working exclusively for the Organization.

THE PRIVILEGES AND IMMUNITIES (AGENCE FRANCAISE DE DEVELOPMENT) ORDER
1.

This Order may be cited as the Privileges and Immunities (Agence Francaise De Development) Order.

2.

The Agence Francaise De Development, in this Order referred to as "the Organization", being both a public institution full) owned by the French State and a financial institution with which the Government of Kenya has entered into an agreement for co-operation is declared to be an organization to which section 11 of the Act apply.

3.

The Organization shall have—

(a)

the legal capacity of a body corporate; and

(b)

the privileges and immunities specified in paragraph 3, 4 and 5 Part I of the Fourth Schedule to the Act.

4.

The officials of the Organization and expatriate professional staff, shall, while residing in Kenya and performing duties in the service of the organization, have the privileges and immunities specified in paragraph 3 of Part II and paragraph 2 to 7 o—f Part III of the Fourth Schedule to the Act.

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya, except solely for the purpose of being an employee of, or work exclusively for the Organization.

THE PRIVILEGES (AFRICAN SEED TRADE ASSOCIATION) ORDER
1.

This Order may be cited as the Privileges (African Seed Trade Association) Order.

2.

The African Seed Trade Association, in this Order referred to as "the Association" being a regional non-profit making and non-political association with which the Government of Kenya has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Association shall have the privileges and immunities specified in paragraph 4 of Part I of the Fourth Schedule to the Act.

4.

The regional director and internationally recruited staff members of the Association shall, while residing in Kenya and performing duties in the service of the Association, have the privileges specified in paragraphs 2 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for the Association.

THE PRIVILEGES (THE WORLD VISION INTERNATIONAL) ORDER
1.

This Order may be cited as the Privileges (The World Vision International) Order.

2.

The World Vision International, in this Order referred to as "the Association", being a regional non-profit making and non-political association with which the Government of Kenya has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Association shall have the privileges and immunities specified in paragraph 4 of Part I of the Fourth Schedule to the Act.

4.

The regional director and internationally recruited staff members of the Association shall, while residing in Kenya and performing duties in the service of the Association, have the privileges specified, in paragraphs 2 to 7 of Part III of the Fourth Schedule to the Act.

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except for the purpose of being an employee of, or working exclusively for the Association.

THE PRIVILEGES (NEW PARTNERSHIP FOR AFRICAN RED CROSS AND RED CRESCENT SOCIETIES) ORDER
1.

This Order may be cited as the Privileges (New Partnership For African Red Cross and Red Crescent Societies) Order.

2.

The New Partnerships for African Red Cross and Red Crescent Societies, in this Order referred to as "the Association" being a regional non-profit making and non-political association with which the Government of Kenya has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Association shall have the privileges and immunities specified in paragraph 2 to 6 of Part I of the Fourth Schedule to the Act.

4.

The regional director and internationally recruited staff members of the Association shall, while residing in Kenya and performing duties in the service of the Association, have the privileges specified in paragraphs 2 to 7 of Part III of the Fourth Schedule to the Act.

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except for the purpose of being an employee of, or working exclusively for the Association.

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL CRIMINAL COURT) ORDER
1.

This Order may be cited as the Privileges and imunities (International Criminal Court) Order.

2.

The International Criminal Court, in this Order referred to as "the Court" being an organization to which the Government of Kenya and other Government are members, is declared to be an organization to which sections 9 and 9A of the Act shall apply.

3.

The Court shall have the immunities and privileges set out in Part I of the Fourth Schedule of the Act.

4.

Any person who is an employee of the Court shall, while residing in Kenya and performing duties in the service of the Court, have the privileges and immunities specified in paragraphs 2, 3, 4 and 7 of Part III of the Fourth Schedule to the Act:

Provided that this paragraph shall not apply to citizens of Kenya or to any country or to any person who is ordinarily resident in Kenya except solely for the purposes of being in employee of, and working exclusively for, the Court.

THE PRIVILEGES AND IMMUNITIES (SNV NETHERLANDS DEVELOPMENT ORGANIZATION) ORDER
1.

This Order may be cited as the Privileges and Immunities (SNV Netherlands Development Organization) Order.

2.

SNV Netherlands Development Organization, in this Order referred to as "the Organization", being a non-profit making and International Development Organization with which the Government of Kenya has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Organization shall have privileges and immunities specified in paragraph 2 and 6 of Part I of the Fourth Schedule to the Act.

4.

The regional director and internationally recruited staff members of the Organization shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges specified in paragraph 1 to 7 of Part III of the Fourth Schedule to the Act.

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for purposes of being an employee of, or working exclusively for, the Organization.

THE PRIVILEGES AND IMMUNITIES (MEDECINS SANS FRONTIERES) ORDER
1.

This Order may be cited as the Privileges and Immunities (Medecins Sans Frontieres) Order.

2.

Medecins Sans Frontieres (MFS), in this Order referred to as “the Organization” being non-profit making and a Non-Governmental Organization with which the Government of Kenya has entered into agreement for co-operation, is declared to be an Organization to which section 9 of the Act shall apply.

3.

The Organization shall have the privileges and immunities specified in paragraphs 2 to 6 of Part I of the Fourth Schedule to the Act.

4.

The Regional Director and internally recruited staff members of the Organization shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges and immunities specified in paragraph 1 to 7 of Part III of the Fourth Schedule to the Act.

Provided that this paragraph shall not apply to the citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the organization.

THE PRIVILEGES AND IMMUNITIES (NORWEGIAN REFUGEE COUNCIL) ORDER
1.

This Order may be cited as the Privileges and Immunities (Norwegian Refugee Council) Order.

2.

Norwegian Refugee Council (NRC), in this Order referred to as "the Organization" being a non-profit making and a Non-Governmental Organization with which the Government of Kenya has entered into agreement for co-operation, is declared to be an Organization to which section 11 of the Act shall apply.

3.

The Organization shall have the privileges and immunities specified in paragraphs 3 to 5 of Part I of the Fourth Schedule to the Act.

4.

The Regional Director and internationally recruited staff members of the Organization, while residing in Kenya and performing duties in the service of the Organization, shall have the privileges and immunities specified in paragraphs 2 to 7 of Part III of the Fourth Schedule to the Act:

Provided that this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Organization.

THE PRIVILEGES AND IMMUNITIES (COLUMBIA GLOBAL CENTER IN EASTERN AND SOUTHERN AFRICA) ORDER
1.

This Order may be cited as the Privileges Immunities (Columbia Global Center in Eastern and Southern Africa) Order.

2.

Columbia Global Center in Eastern and Southern Africa, in this Order referred to as "the Company" being a non-profit body corporate established as a company Limited by Guarantee and registered in Kenya with which the Government of Kenya has entered into and agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The company shall have the privileges and immunities specified in paragraph 3 and 4 of the Fourth Schedule to the Act.

4.

The Regional Director and internationally recruited members of staff of the company shall, while residing in Kenya and performing duties in the service of the company, have the privileges specified in paragraphs 2, 3, 4 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for the company.

THE PRIVILEGES AND IMMUNITIES (GLOBAL E-SCHOOLS AND COMMUNITIES INITIATIVE) ORDER
1.

This Order may be cited as the Privileges and Immunities (Global E-Schools and Communities Initiative) Order.

2.

Global E-Schools and Communities Initiative, in this Order referred to as "the Organization" being a non-profit making body and non-governmental organization with which the Government of Kenya has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The company shall have the privileges and immunities specified in paragraph 3 and 4 of Part I of the Fourth Schedule to the Act.

4.

The Africa Regional Director and internationally recruited staff members of the Organization shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges specified in paragraphs 2, 3, 4 and 7 of Part Ill of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for the Organization.

THE PRIVILEGES AND IMMUNITIES (WORLD ORGANIZATION FOR ANIMAL HEALTH) (OIE)) ORDER
1.

This Order may be cited as the Privileges and Immunities (World Organization for Animal Health)(OIE)) Order.

2.

The World Organization for Animal Health (OIE), in this Order referred to as "the Organization" being a Sub-Regional non-profit making body and non-political organization with which the Government of Kenya has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Organization shall have the privileges and immunities specified in paragraphs 2 and 4 of Part I of the Fourth Schedule to the Act.

4.

The Sub-Regional Representative and internationally recruited professional staff members of the Organization shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges specified in paragraphs 2, 3, 4 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for the Organization.

THE PRIVILEGES AND IMMUNITIES (EASTERN AND SOUTHERN AFRICAN TRADE AND DEVELOPMENT BANK) (PTA BANK) ORDER
1.

This Order may be cited as the Privileges and Immunities (Eastern and Southern African Trade and Development Bank) (PTA Bank) Order.

2.

The Eastern and Southern African Trade and Development Bank) (PTA Bank) hereinafter referred to in this Order as "the Bank", being a bank established by a Protocol subscribed to by the Government of Kenya and other governments, is declared to be an organization to which section 9 of the Act shall apply.

3.

The organization shall have—

(a)

the legal capacity of a body corporate; and

(b)

the privileges and immunities specified in paragraph 2, 3, 4, 5 and 6 of Part I of the Fourth Schedule of the Act.

4.

Any person who is an employee of the Bank shall, while residing in Kenya and performing duties in the service of the Bank, have privileges and immunities specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act.

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to nationals of any country or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for, the bank.

THE PRIVILEGES AND IMMUNITIES (NETWORK FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS) ORDER
1.

This Order may be cited as the Privileges and Immunities (Network for African National Human Rights Institutions) Order.

2.

The Network for African National Human Rights Institutions in this Order referred to as "the Company", being a non-profit body corporate established as a company limited by guarantee and registered in Kenya with which the Government of Kenya has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Company shall have the Privileges and Immunities specified in paragraph 3 and 4 of Part 1 of the Fourth Schedule to the Act.

4.

The Executive Director and internationally recruited staff of the Company shall, while residing in Kenya and performing duties in the service of the Company, have the Privileges specified in paragraphs 2, 3, 4 and 7 of Part III of the Fourth Schedule to the Act.

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for, the Company.

THE PRIVILEGES AND IMMUNITIES (AFRICA CAPACITY BUILDING FOUNDATION) ORDER
1.

These Order may be cited as the privileges and Immunities (Africa Capacity Building Foundation) Order.

2.

The Africa Capacity Building Foundation, in this Order referred to as "the Foundation", being a capacity building foundation established by a Protocol subscribed to by the Government of Kenya and other govemments, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Foundation shall-

(a)

be a body corporate; and

(b)

have the privileges and immunities specified in paragraphs 2, 3 and 4 of Part I of the Fourth Schedule to the Act.

4.

The Regional Director and Internationally recruited staff members of the Foundation shall, while residing in Kenya and performing duties in the service of the Foundation, have the privileges specified in paragraphs 2, 3, 4, 6 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or lvorking exclusively for, the Foundation.

THE PRIVILEGES AND IMMUNITIES (COMESA MONETARY INSTITUTE) ORDER
1.

These Order may be cited as the Privileges and Immunities (COMESA Monetary Institute) Order.

2.

The COMESA Monetary Institute, in this Order referred to as "the Institute", being a monetary institute established by a Protocol subscribed to by the Government of Kenya and other governments, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Institute shall -

(a)

be a body corporate; and

(b)

have the privileges and immunities specified in paragraphs 2 to 6 of Part I of the Fourth Schedule to the Act.

4.

The Director and Internationally recruited staff members of the institute shall, while residing in Kenya and performing duties in the service of the institute, have the privileges specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act;

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for, the Institute.

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL FERTILIZER DEVELOPMENT CENTRE) ORDER
1.

This Order may be cited as the Privileges and Immunities (International Fertilizer Development Centre) Order.

2.

The International Fertilizer Development Centre, in this Order referred to as "the Center", being a non-profit public international organization with the primary objective of increasing and sustaining food security and agricultural productivity in the African Region, is hereby declared to be an organization to which section 11 of the Act shall apply.

3.

The Centre shall have the privileges in paragraphs 3, 4 and 5 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Center shall, while residing in Kenya and performing duties in the service of the Center, have the privileges and immunities specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to citizens or nationals of any country or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Center.

THE PRIVILEGES AND IMMUNITIES (JAPAN INTERNATIONAL CO-OPERATION AGENCY) ORDER
1.

This Order may be cited as the Privileges and Immunities (Japan International Co-operation Agency) Order.

2.

The Japan International Co-operation Agency, in this Order referred to as "the Agency", being an independent governmental agency of Japan that aims at promoting international cooperation and global development through development assistance, is hereby declared to be an organization to which section 11 of the Act shall apply.

3.

The Agency shall have the privileges in paragraphs 3, 4 and 5 of Part 1 of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Agency shall, while residing in Kenya and performing duties in the service of the Agency, have the privileges and immunities specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to citizens or nationals of any country or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Agency.

THE PRIVILEGES AND IMMUNITIES (AFRICAN INSTITUTE FOR REMITTANCES) ORDER
1.

This Order may be cited as the Privileges and Immunities (African Institute for Remittances) Order.

2.

The African Union Institute, in this Order referred to as "the Institute", being an international organization of which the Government of the Republic of Kenya and other Governments are members, is hereby declared to be an organization to which section 9 of the Act shall apply.

3.

The Institute shall have—

(a)

the legal capacity of a body corporate;

(b)

the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

4.

The representatives of member states shall have the privileges and immunities specified in Part 11 of the Fourth Schedule to the Act.

5.

Any person who is an official of the Institute shall, while residing in Kenya and performing duties in the service of the Institute, have the privileges and immunities specified in Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Institute.

THE PRIVILEGES AND IMMUNITIES (AFRICAN UNION COMMISSION) ORDER
1.

This Order may be cited as the Privileges and Immunities (African Union Commission) Order.

2.

The African Union Commission, in this Order referred to as "the Commission", being an international organization of which the Government of the Republic of Kenya and other Governments are members, is hereby declared to be an organization to which section 9 of the Act shall apply.

3.

The Commission shall have—

(a)

the legal capacity of a body corporate;

(b)

the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

4.

The representatives of member states shall have the privileges and immunities specified in Part 11 of the Fourth Schedule to the Act.

5.

Any person who is an official of the Commission shall, while residing in Kenya and performing duties in the service of the Commission, have the privileges and immunities specified in Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Commission.

THE PRIVILEGES AND IMMUNITIES (PARTNERSHIP FOR ECONOMIC POLICY) ORDER
1.

This Order may be cited as the Privileges and Immunities (Partnership for Economic Policy) Order.

2.

The Partnership for Economic Policy, in this Order referred to as "the Partnership", being a non-profit international organization with the primary objective of supporting developing countries in building local capacities in research and economic policy analysis in the Africa Region, is hereby declared to be an organization to which section II of the Act shall apply.

3.

The Partnership shall have the privileges in paragraphs 3, 4 and 5 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an employee of the Partnership shall, while residing in Kenya and performing duties in the service of the Partnership, have the privileges and immunities specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to citizens or nationals of any country or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for the Partnership.

THE PRIVILEGES AND IMMUNITIES (PAN AFRICAN FEDERATION OF FILM MAKERS) ORDER
1.

This Order may be cited as the Privileges and Immunities (Pan African Federation of Film Makers) Order.

2.

The Pan African Federation of Film Makers, in this Order referred to as the "the Federation" being a non-profit making organization with which the Government of Kenya has entered into an agreement for cooperation, is declared to be an organisation to which section 11 of the Act shall apply.

3.

The Federation shall have the privileges and immunities specified in paragraphs 2 and 4 of Part I of the Fourth Schedule to the Act.

4.

The Secretary-General of the Federation shall, while residing in Kenya and performing duties in the service of the Federation, have the privileges specified in paragraphs 1, 3, 4 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of these paragraphs shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for the Federation.

THE PRIVILEGES AND IMMUNITIES (CHINA-AFRICA DEVELOPMENT FUND) ORDER
1.

This Order may be cited as the Privileges and Immunities (China-Africa Development Fund) Order.

2.

The China-Africa Development Fund, in this Order referred to as the "the Fund" being a Chinese Government Development Fund focused on stimulating and facilitating Chinese Development in Africa, is declared to be an organisation to which section 11 of the Act shall apply.

3.

The Fund shall have the privileges and immunities specified in paragraphs 3 and 4 of Part I of the Fourth Schedule to the Act.

4.

The expatriate staff of the Fund shall, while residing in Kenya and performing duties in the service of the Fund, have the privileges and immunities specified in paragraphs 1, 2, 3, 4 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of these paragraphs shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for the Fund.

THE PRIVILEGES AND IMMUNITIES (ALLIANCE FOR A GREEN REVOLUTION IN AFRICA) ORDER
1.

This Order may be cited as the Privileges and Immunities (Alliance for a Green Revolution in Africa) Order.

2.

The Alliance for a Green Revolution in Africa, in this Order referred to as the "Alliance", being a non-profit making organization with the primary objective of developing and implementing strategies for agricultural development in Africa, is hereby declared to be an organization to which section 11 of the Act shall apply.

3.

The Alliance shall have—

(a)

the legal capacity of a body corporate;

(b)

the privileges and immunities specified in paragraphs 1 and 3 of Part I of the Fourth Schedule to the Act.

4.

Any person who is an official of the Alliance shall, while residing in Kenya and performing duties in the service of the Alliance, have the privileges and immunities specified in Paragraph 2 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for the Alliance.

THE PRIVILEGES AND IMMUNITIES (AFRICAN REINSURANCE CORPORATION) ORDER
1.

This Order may be cited as the Privileges and Immunities (African Reinsurance Corporation) Order.

2.

The African Reinsurance Corporation, in this Order referred to as "the Corporation", being an institution in which the Government of Kenya and other African Union Governments are members, is declared to be an organization to which section 9 of the Act shall apply.

3.

The Corporation shall have the legal capacity of a body corporate to —

(a)

enter into contracts;

(b)

institute and defend legal proceedings; and

(c)

acquire, hold or dispose of movable and immovable property in accordance with the laws of the Republic of Kenya.

4.

The Corporation shall have the privileges and immunities specified in Part 1 of the Fourth Schedule to the Act.

5.

Any person who is an employee of the Corporation shall, while residing in Kenya and performing duties in the service of the Corporation, have privileges and immunities specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya.

6.

The Privileges and Immunities (African Reinsurance Corporation) Order, 1989 is revoked.

THE PRIVILEGES AND IMMUNITIES (GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND MALARIA) ORDER
1.

This Order may be cited as the Privileges and Immunities (Global Fund to Fight AIDS, Tuberculosis and Malaria) Order.

2.

The Global Fund to Fight AIDS, Tuberculosis and Malaria, in this Order, referred to as “the Fund”, being an international humanitarian non-profit organization, with which the Government has entered into an agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3.

The Fund shall have the legal capacity of a body corporate and, in its corporate capacity, to—

(a)

enter into contracts;

(b)

institute and defend legal proceedings; and

(c)

acquire, hold and dispose of movable and immovable property in accordance with the Laws of Kenya.

4.

The Fund shall have the privileges and immunities specified in Part I of the Fourth Schedule to the Act:

Provided that—

(a)

immunity from legal processes shall not apply in the case of commercial disputes, labour disputes or where immunity has been waived by the Fund;

(b)

tax exemption shall not extend to the owner or lessor of any movable or immovable property rented by the Fund; and

(c)

tax exemption shall not extend to the charges for public utility services, business and investment income, and indirect taxes which constitute part of the cost of goods purchased or services rendered.

5.

Any person who is an official of the Fund shall, while sojourning to, through and from Kenya and performing duties in the service of the Fund, have the privileges and immunities specified in paragraphs 2, 3, 4, 5, 6 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Fund.

THE PRIVILEGES AND IMMUNITIES (PTA REINSURANCE COMPANY (ZEP- RE)) ORDER
1.

This Order may be cited as the Privileges and Immunities (PTA Reinsurance Company (ZEP-RE)) Order.

2.

The PTA Reinsurance Company (ZEP RE) in this Order referred to as “the Company”, being a regional reinsurance company established in 1990 under an agreement subscribed to by the Government of Kenya and other Governments, is hereby declared to be an organization to which section 9 of the Act shall apply.

3.

The Company shall have the legal capacity of a body corporate to—

(a)

enter into contracts;

(b)

institute and defend legal proceedings; and

(c)

acquire, hold or dispose of movable and immovable property in accordance with the laws of the Republic of Kenya.

4.

The Company shall have the privileges and immunities set out in Part I of the Fourth Schedule to the Act.

5.

The director, officials and staff of the Company shall, while residing in Kenya and performing duties in the service of the Organization, have the privileges and immunities set out in Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to a citizen of Kenya who is locally recruited as a director, official or staff of the company.

THE PRIVILEGES AND IMMUNITIES (TRADE MARK EAST AFRICA) ORDER
1.

This Order may be cited as the Privileges and Immunities (Trade Mark East Africa) Order.

2.

Trade Mark East Africa, in this Order, referred to as “the Organisation", being an autonomous organisation operating on a not-for-profit basis, with which the Government has entered into an agreement for co-operation, is declared to be an organisation to which section 11 of the Act shall apply.

3.

The Organisation shall have the legal capacity of a body corporate and, in its corporate capacity, to—

(a)

enter into contracts;

(b)

institute and defend legal proceedings; and

(c)

acquire, hold and dispose of movable and immovable property in accordance with the Laws of Kenya.

4.

The Organisation shall have the privileges and immunities specified in Part I of the Fourth Schedule to the Act:

Provided that—

(a)

immunity from legal processes shall not apply in the case of commercial disputes, labour disputes or where immunity has been waived by the Fund;

(b)

tax exemption shall not extend to the owner or lessor of any movable or immovable property rented by the Fund; and

(c)

tax exemption shall not extend to the charges for public utility services, business and investment income, and indirect taxes which constitute part of the cost of goods purchased or services rendered.

5.

Any person who is an official of the Organisation shall, while sojourning to, through and from Kenya and performing duties in the service of the Fund, have the privileges and immunities specified in paragraphs 2, 3, 4, 5, 6 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Organisation.

THE PRIVILEGES AND IMMUNITIES (WORLD CUSTOMS ORGANISATION) ORDER
1.

This Order may be cited as the Privileges and Immunities (Trade Mark East Africa) Order.

2.

The World Customs Organisation, in this Order, referred to as “the Organisation”, being an international organisation of which the Government of the Republic of Kenya and other Governments are members, is declared to be an organisation to which section 9 of the Act shall apply.

3.

The Organisation shall have the legal capacity of a body corporate and, in its corporate capacity, to—

(a)

enter into contracts;

(b)

institute and defend legal proceedings; and

(c)

acquire, hold and dispose of movable and immovable property in accordance with the Laws of Kenya.

4.

The Organisation shall have the privileges and immunities specified in Part I of the Fourth Schedule to the Act:

Provided that —

(a)

immunity from legal processes shall not apply in the case of commercial disputes, labour disputes or where immunity has been waived by the Fund;

(b)

tax exemption shall not extend to the owner or lessor of any movable or immovable property rented by the Fund; and

(c)

tax exemption shall not extend to the charges for public utility services, business and investment income, and indirect taxes which constitute part of the cost of goods purchased or services rendered.

5.

Any person who is an official of the Organisation shall, while sojourning to, through and from Kenya and performing duties in the service of the Fund, have the privileges and immunities specified in paragraphs 2, 3, 4, 5, 6 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Organisation.

THE PRIVILEGES AND IMMUNITIES (REGIONAL YOUTH FORUM OF THE INTERNATIONAL CONFERENCE ON THE GREAT LAKES REGION) ORDER
1.

This Order may be cited as the Privileges and Immunities (Regional Youth Forum of the International Conference on the Great Lakes Region).

2.

The Regional Youth Forum of the International Conference on the Great Lakes Region, in this Order referred to as “the Regional Youth Forum”, being an international organization of which the Government of the Republic of Kenya and other Governments are members, is declared to be an organisation to which section 9 of the Act shall apply.

3.

The Regional Youth Forum shall have the legal capacity of a body corporate and, in its corporate capacity, to—

(a)

enter into contracts;

(b)

institute and defend legal proceedings; and

(c)

acquire, hold and dispose of movable and immovable property in accordance with the Laws of Kenya.

4.

The Regional Youth Forum shall have the privileges and immunities specified in Part I of the Fourth Schedule to the Act:

Provided that—

(a)

immunity from legal processes shall not apply in the case of or claims arising out of commercial transactions, labour and employment disputes, road accidents, civil and criminal actions or omissions or where immunity has been waived by the Director;

(b)

tax exemption shall not extend to the owner or lessor of any movable or immovable property rented by the Regional Youth Forum; and

(c)

tax exemption shall not extend to the charges for public utility services, business and investment income, and indirect taxes which constitute part of the cost of goods purchased or services rendered.

5.

Any person who is an official of the Regional Youth Forum shall, while sojourning to, through and from Kenya and performing duties in the service of the Regional Youth Forum, have the privileges and immunities specified in paragraphs 2, 3, 4, 5, 6 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Regional Youth Forum.

THE PRIVILEGES AND IMMUNITIES (MASTERCARD FOUNDATION) ORDER
1.

This order maybe cited as the Privileges and Immunities (Mastercard Foundation) Order.

2.

The Mastercard Foundation, in this Order, referred to as "the Foundation" being an autonomous organisation operating on a not-for-profit basis, is declared to be an organisation to which section 9 of the Act shall apply.

3.

The foundation shall have the legal capacity of a body corporate and, in its corporate capacity, to—

(a)

enter into contracts;

(b)

institute and defend legal proceedings; and

(c)

acquire, hold and dispose of movable and immovable property in accordance with the Laws of Kenya.

4.

The foundation shall have the privileges and immunities specified in Part I of the Fourth Schedule to the Act:

Provided that—

(a)

immunity from legal processes shall not apply in the case of commercial disputes, labour disputes or where immunity has been waived by the Foundation;

(b)

tax exemption shall not extend to the owner or lessor of any movable or immovable property rented by the Foundation and

(c)

tax exemption shall not extend to the charges for public utility services, business and investment income, and indirect taxes which constitute part of the cost of goods purchased or services rendered.

5.

Any person who is an official of the Foundation shall, while sojourning to, through and from Kenya and performing duties in the service of the Foundation, have the privileges and immunities specified in paragraphs 2, 3, 4, 5, 6 and 7 of Part III of the Fourth Schedule to the Act.

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Foundation.

THE PRIVILEGES AND IMMUNITIES (ROCKEFELLER FOUNDATION) ORDER
1.

This order maybe cited as the Privileges and Immunities (Rockefeller Foundation) Order.

2.

The Rockefeller foundation, in this Order, referred to as "the foundation", being a philanthropic foundation operating on a not-for-profit basis, is declared to be an foundation to which section 9 of the Act shall apply.

3.

The foundation shall have the legal capacity of a body corporate and, in its corporate capacity, to—

(a)

enter into contracts;

(b)

institute and defend legal proceedings; and

(c)

acquire, hold and dispose of movable and immovable property in accordance with the Laws of Kenya.

4.

The Foundation shall have the privileges and im specified in Part I of the Fourth Schedule to the Act:

Provided that—

(a)

immunity from legal processes shall not apply in the case of commercial disputes, labour disputes or where immunity has been waived by the Foundation;

(b)

tax exemption shall not extend to the owner or lessor of any movable or immovable property rented by the Foundation; and

(c)

tax exemption shall not extend to the charges fo utility services, business and investment income, and indirect taxes which constitute part of the cost of goods purchased or services rendered.

5.

Any person who is an official of the Foundation shall, while sojourining to, through and from Kenya and performing duties in the service of the foundation, have the privileges and immunities specified in paragraphs 2, 3, 4, 5, 6 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Foundation.

THE PRIVILEGES AND IMMUNITIES (HORN ECONOMIC AND SOCIAL POLICY INSTITUTE) ORDER
(1)

This Order may be cited as the Privileges and Immunities (Horn Economic and Social Policy Institute) Order.

(2)

The Horn Economic and Social Policy Institute, in this Order, referred to as “the Institute”, being an international think tank and research organisation operating on a not-for-profit basis, is declared to be an organisation to which section 9 of the Act shall apply.

(3)

The Institute shall have the legal capacity of a body corporate and, in its corporate capacity, to—

(a)

enter into contracts;

(b)

institute and defend legal proceedings; and

(c)

acquire, hold and dispose of movable and immovable property in accordance with the Laws of Kenya.

(4)

The Institute shall have the privileges and immunities specified in Part I of the Fourth Schedule to the Act:

Provided that—

(a)

immunity from legal processes shall not apply in the case of commercial disputes, labour disputes or where immunity has been waived by the Institute;

(b)

tax exemption shall not extend to the owner or lessor of any movable or immovable property rented by the Institute; and

(c)

tax exemption shall not extend to the charges for public utility services, business and investment income, and indirect taxes which constitute part of the cost of goods purchased or services rendered.

(5)

Any person who is an official of the Institute shall, while sojourning to, through and from Kenya and performing duties in the service of the Institute, have the privileges and immunities specified in paragraphs 2, 3, 4, 5, 6 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Institute.

THE PRIVILEGES AND IMMUNITIES (INTERGOVERNMENTAL AUTHORITY ON DEVELOPMENT) ORDER
(1)

This Order may be cited as the Privileges and Immunities (Intergovernmental Authority on Development) Order.

(2)

The Intergovernmental Authority on Development, in this Order, referred to as “the Authority”, being an intergovernmental organisation operating on a not-for-profit basis, is declared to be an organisation to which section 9 of the Act shall apply.

(3)

The Authority shall have the legal capacity of a body corporate and, in its corporate capacity, to—

(a)

enter into contracts;

(b)

institute and defend legal proceedings; and

(c)

acquire, hold and dispose of movable and immovable property in accordance with the Laws of Kenya.

(4)

The Authority shall have the privileges and immunities specified in Part I of the Fourth Schedule to the Act:

Provided that—

(a)

immunity from legal processes shall not apply in the case of commercial disputes, labour disputes or where immunity has been waived by the Authority;

(b)

tax exemption shall not extend to the owner or lessor of any movable or immovable property rented by the Authority; and

(c)

tax exemption shall not extend to the charges for public utility services, business and investment income, and indirect taxes which constitute part of the cost of goods purchased or services rendered.

(5)

Any person who is an official of the Authority shall, while sojourning to, through and from Kenya and performing duties in the service of the Authority, have the privileges and immunities specified in paragraphs 2, 3, 4, 5, 6 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Authority.