Lead image for Host Country Agreements must face scrutiny.
Host Country Agreements (HCAs) have become the subject of growing public debate in Kenya. That interest is welcome. These agreements can shape how international organisations operate in the country, and citizens have every right to question terms agreed in their name.
The problem is that the debate has moved faster than public understanding. Agreements involving very different organisations are often discussed as though they are identical or provide the same technical assistance and benefits to the government and people of Kenya.
They are not.
The right question is whether each agreement complies with Kenyan law, protects the public interest and gives the country a fair return. That judgment must begin with the agreement itself.
An HCA provides the legal framework under which an international organisation operates in Kenya. It may cover immigration, taxation, employment, security and legal status, as well as the organisation’s responsibilities to the state.
Many HCAs apply to organisations involved in research, health, education, agriculture, humanitarian response and economic development. Their presence can bring investment, expertise, jobs and international influence. Those benefits make the terms of each agreement important. Legal protections must come with clear limits and responsibilities.
A common misconception is that HCAs are standard documents that governments accept with little scrutiny. In practice, they are negotiated across government and examined by legal, financial, security and regulatory officials.
The Ministry of Foreign and Diaspora Affairs usually coordinates the process, working with institutions including the Office of the Attorney General, the National Treasury and relevant ministries and regulators. Officials assess the legal terms, financial implications and operational requirements before an agreement is concluded. That process matters because international organisations have different mandates. A humanitarian agency may need to move staff and equipment quickly during a crisis, while a research institution may require provisions covering laboratories, specialist staff or imported materials. Their legal and operational needs will differ. So will their HCAs.