The Diplomatic Privileges (United Nations and International Court of Justice) Order

LAWS OF KENYA
THE DIPLOMATIC PRIVILEGES (UNITED NATIONS
AND INTERNATIONAL COURT OF JUSTICE) ORDER
NO. 1238 OF 1949
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Privileges and Immunities Act
The Diplomatic Privileges (United Nations and International Court of
Justice) Order
Gazette Notice 1238 of 1949
Legislation as at 31 December 2022
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• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

The Diplomatic Privileges (United Nations and International Court of Justice) Order (Gazette Notice
1238 of 1949)
Contents
Part I – CITATION ................................................................................................................................................................................................ 1
Paragraph 1. .................................................................................................................................................................................................... 1
Part II – THE UNITED NATIONS .................................................................................................................................................................... 1
Paragraph 2. .................................................................................................................................................................................................... 1
Paragraph 3. .................................................................................................................................................................................................... 1
Paragraph 4.

....................................................................................................................................... 1
Paragraph 4.

.................................................................................................................................................................................................... 1
Paragraph 5. .................................................................................................................................................................................................... 1
Paragraph 6. .................................................................................................................................................................................................... 1
Paragraph 7. ..................................................................................................................................................................................................... 1
Paragraph 8. ....................................................................................................................................................................................................

......................................................................................................................................................

1
Subparagraph (a) .................................................................................................................................................................................... 1
Subparagraph (b) .................................................................................................................................................................................... 2
Subparagraph (c) ..................................................................................................................................................................................... 2
Paragraph 9. .................................................................................................................................................................................................... 2
Paragraph 10. .................................................................................................................................................................................................. 2
Paragraph 11.

...................................................................................................................................... 2
Paragraph 11.

.................................................................................................................................................................................................. 2
Subparagraph (a) .................................................................................................................................................................................... 2
Subparagraph (b) .................................................................................................................................................................................... 2
Paragraph 12. .................................................................................................................................................................................................. 2
Subparagraph (a) ....................................................................................................................................................................................

......................................................................................................................................................

2
Subparagraph (b) .................................................................................................................................................................................... 2
Subparagraph (c) ..................................................................................................................................................................................... 2
Subparagraph (d) .................................................................................................................................................................................... 2
Subparagraph (e) .................................................................................................................................................................................... 2
Subparagraph (f) ..................................................................................................................................................................................... 2
Subparagraph (g) ....................................................................................................................................................................................

......................................................................................................................................................

3
Paragraph 13. .................................................................................................................................................................................................. 3
Paragraph 14. .................................................................................................................................................................................................. 3
Paragraph 15. .................................................................................................................................................................................................. 3
Subparagraph (a) .................................................................................................................................................................................... 3
Subparagraph (b) ....................................................................................................................................................................................

......................................................................................................................................................

3
Subparagraph (c) ..................................................................................................................................................................................... 3

.................................................................................................................................................... 3

Part III – GENERAL .............................................................................................................................................................................................. 3
Paragraph 16. .................................................................................................................................................................................................. 3
Paragraph (a) ................................................................................................................................................................................................... 4
Paragraph (b) ................................................................................................................................................................................................... 4
Paragraph (c) ...................................................................................................................................................................................................

......................................................................................................................................................

4
Paragraph (a) ................................................................................................................................................................................................... 4
Paragraph (b) ................................................................................................................................................................................................... 4
Paragraph (a) ................................................................................................................................................................................................... 4
Paragraph (b) ................................................................................................................................................................................................... 4
Paragraph (c) ...................................................................................................................................................................................................

......................................................................................................................................................

4
Paragraph (a) ................................................................................................................................................................................................... 5
Paragraph (b) ................................................................................................................................................................................................... 5
Paragraph (c) ................................................................................................................................................................................................... 5
Paragraph (d) ................................................................................................................................................................................................... 5
Paragraph (e) ...................................................................................................................................................................................................

......................................................................................................................................................

5
Paragraph (f) ................................................................................................................................................................................................... 5
Paragraph (g) ................................................................................................................................................................................................... 5
Paragraph (a) ................................................................................................................................................................................................... 6
Paragraph (b) ................................................................................................................................................................................................... 6
Paragraph (c) ...................................................................................................................................................................................................

......................................................................................................................................................

6
Paragraph (d) ................................................................................................................................................................................................... 6
Paragraph (e) ................................................................................................................................................................................................... 6
Paragraph (f) ................................................................................................................................................................................................... 6
Paragraph (g) ................................................................................................................................................................................................... 6
Paragraph (a) ...................................................................................................................................................................................................

......................................................................................................................................................

6
Paragraph (b) ................................................................................................................................................................................................... 6
Paragraph (c) ................................................................................................................................................................................................... 7
Paragraph (d) ................................................................................................................................................................................................... 7
Paragraph (e) ................................................................................................................................................................................................... 7
Paragraph (f) ...................................................................................................................................................................................................

......................................................................................................................................................

7
Paragraph (a) ................................................................................................................................................................................................... 7
Paragraph (b) ................................................................................................................................................................................................... 7
Paragraph 2. .................................................................................................................................................................................................... 8
Paragraph 1. .................................................................................................................................................................................................... 8
Paragraph 2. .................................................................................................................................................................................................... 8

.................................................................................................................................................... 8

Paragraph 3. .................................................................................................................................................................................................... 8
Paragraph 4. .................................................................................................................................................................................................... 8
Paragraph 5. .................................................................................................................................................................................................... 8
Paragraph 6. .................................................................................................................................................................................................... 8
Paragraph 7. ..................................................................................................................................................................................................... 8
Paragraph 8.

....................................................................................................................................... 8
Paragraph 8.

.................................................................................................................................................................................................... 8
Paragraph 1. .................................................................................................................................................................................................... 8
Paragraph 2. .................................................................................................................................................................................................... 8
Paragraph 3. .................................................................................................................................................................................................... 8
Paragraph 1. .................................................................................................................................................................................................... 9
Paragraph 2.

....................................................................................................................................... 9
Paragraph 2.

.................................................................................................................................................................................................... 9
Paragraph 3. .................................................................................................................................................................................................... 9
Paragraph 4. .................................................................................................................................................................................................... 9
Subparagraph (a) .................................................................................................................................................................................... 9
Subparagraph (b) .................................................................................................................................................................................... 9
Paragraph 5.

....................................................................................................................................... 9
Paragraph 5.

.................................................................................................................................................................................................... 9
Subparagraph (a) .................................................................................................................................................................................... 9
Subparagraph (i) .............................................................................................................................................................................. 9
Subparagraph (ii) ............................................................................................................................................................................. 9
Subparagraph (iii) ............................................................................................................................................................................ 9
Subparagraph (b) .................................................................................................................................................................................. 10
Paragraph 6.

...................................................................................................................................... 10
Paragraph 6.

.................................................................................................................................................................................................. 10
Subparagraph (a) .................................................................................................................................................................................. 10
Subparagraph (b) .................................................................................................................................................................................. 10
Subparagraph (c) .................................................................................................................................................................................. 10

................................................................................................................................................... 10

The Diplomatic Privileges (United Nations and International Court of Justice) Order (Gazette Notice 1238
of 1949) Kenya
PRIVILEGES AND IMMUNITIES ACT
THE DIPLOMATIC PRIVILEGES (UNITED NATIONS
AND INTERNATIONAL COURT OF JUSTICE) ORDER
GAZETTE NOTICE 1238 OF 1949
Published in Kenya Gazette Vol. LI—No. 60 on 20 December 1949
Commenced on 20 December 1949
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
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.

mises 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.

d 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;
1

ce of meeting,
immunity from personal arrest or detention and from seizure of their personal baggage and
inviolability for all papers and documents;
1

The Diplomatic Privileges (United Nations and International Court of Justice) Order (Gazette Notice 1238
of 1949) Kenya
(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.

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.

e 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.

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
2

heir spouses and dependent relatives for
repatriation in times of international crisis as are afforded to diplomatic missions to the
Government; and
2

The Diplomatic Privileges (United Nations and International Court of Justice) Order (Gazette Notice 1238
of 1949) Kenya
(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.

r 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.

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.

D 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
3

United
Nations and proposes it for accession by each Member of the United Nations. CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS
3

The Diplomatic Privileges (United Nations and International Court of Justice) Order (Gazette Notice 1238
of 1949) Kenya
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.

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.

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.

uties 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
4

laim 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
4

The Diplomatic Privileges (United Nations and International Court of Justice) Order (Gazette Notice 1238
of 1949) Kenya
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.

he 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.

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.

ight 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.

nal
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. 5

he 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. 5

The Diplomatic Privileges (United Nations and International Court of Justice) Order (Gazette Notice 1238
of 1949) Kenya
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.

vernments 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.

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.

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;
6

om legal process shall continue to be
accorded notwithstanding that the persons concerned are no longer employed on missions for the United
Nations;
6

The Diplomatic Privileges (United Nations and International Court of Justice) Order (Gazette Notice 1238
of 1949) Kenya
(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.

e 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.

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.

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. 7

eneral 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. 7

The Diplomatic Privileges (United Nations and International Court of Justice) Order (Gazette Notice 1238
of 1949) Kenya
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.

ese
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.

he 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. 8

rnational Court of Justice, the Registrar, Officials of the
Registry, Assessors, the Agents and Counsel of the parties and of witnesses and experts. 8

The Diplomatic Privileges (United Nations and International Court of Justice) Order (Gazette Notice 1238
of 1949) Kenya
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.

lands
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.

uch 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.

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
9

rming missions by order of the Court should be accorded,
during the period of their missions, including the time spent on journeys in connexion with
9

The Diplomatic Privileges (United Nations and International Court of Justice) Order (Gazette Notice 1238
of 1949) Kenya
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.

sses 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. 10