Lawyer writes to Mudavadi seeking information on why Gates foundation was granted special status in Kenya

Nairobi, 

Saturday, 26 October, 2024 

McCreadie, 

A Kenyan Lawyer has written to Prime Cabinet Secretary Musalia Mudavadi seeking clarity behind the Government's move to Grant Gates foundation, special status in the Country. 

Dr. Owiso Owiso from Dullo & Company Advocates seeks more information to understand why the American based foundation was Granted Immunity and Privileges in it's operations in Kenya. 

According to the Lawyers, Granting special status to a private foundation, it's officials or expatiate employees not only causes implications to the Country's Sovereignty and national interest but also draws public concerns. 

Prime Cabinet Secretary and CS for Foreign and Diaspora Affairs Musalia Mudavadi in legal notice number 157 of October 4, 2024, exercised the powers conferred by section I of the Privileges and Immunities Act to confer special status on The Gates Foundation.

In a statement on October 25, The Gates Foundation confirmed the agreement to operate in Kenya and explained what it entails.

However, the foundation clarified that its operations in Kenya are in accordance with the typical agreements Kenya has entered with other nonprofit organizations.

“Our agreement to operate in Kenya was made in alignment with the Kenyan government’s Privileges and Immunities Act. We operate according to the typical agreements Kenya makes with other foundations and nonprofits,” the statement reads.

While announcing the special status grant, PCS Mudavadi in the notice explained that that the Foundation is a charitable trust fighting poverty, disease, and inequality in over 140 countries globally.

Mudavadi noted that Kenya has entered into an agreement for cooperation with the foundation, and hence, it’s declared to be a beneficiary of section 11 of the Privileges and Immunities Act.

“The Bill and Melinda Gates Foundation, in this order referred to as “the Foundation”, being a charitable trust fighting poverty, disease, and inequality in over 140 countries globally, and with which the Government of Kenya has entered into an agreement for cooperation, is hereby declared to be an organization to which section 11 of the Act shall apply,” reads part of the notice.

Consequently, the foundation will now have the capacity to “enter into contracts, institute and defend legal proceedings, and acquire, hold or dispose of movable and immovable property in accordance with the laws of the Republic of Kenya.

The legal notice also specified that the foundation will be granted the privileges and immunities outlined in paragraphs 3 and 4 of Part I of the Fourth Schedule to the Act.

Additionally, the director, officials, and staff of the foundation, while residing in Kenya and carrying out their duties in service of the foundation, will receive the privileges and immunities listed in paragraphs 1, 2, 3, 4, 5, 6, and 7 of Part III of the Fourth Schedule to the Act.

Part III of the fourth schedule of the Fourth Schedule of the Privileges and Immunities Act outlines the immunities and privileges granted to officers and servants of the Gates Foundation.

These include privileges similar to those of diplomatic officials regarding exchange control facilities, repatriation facilities during international crises, similar to those granted to diplomatic missions, and exemption from taxes or duties on importing personal belongings when first arriving to assume their role in Kenya.

Others include immunity from legal action for acts done in the course of official duties, exemption from direct taxes on their salaries, exemption from national service obligations, and immunity from immigration restrictions and alien registration for themselves, their spouses, and dependents.

The Lawyer is now demanding information on the circumstances that led to the granting of this status including release of signed agreements between thr Government and the foundation. 

He argued that execution of such grants called for Public Participation noting that the Special status bill should be executed in a transparent and accountable manner. 

The Gates Foundation, formerly known as The Bill & Melinda Gates Foundation is chaired by US Billionaire businessman and Microsoft founder Bill Gates who also doubles up as a philanthropist.

The Gates Foundation was founded in 2000 by Bill and his ex-billionaire wife Melinda to help different communities across the globe access quality and affordable healthcare.

On Tuesday, June 27, President William Ruto‘s Cabinet approved The Gates Foundation to set up their operations in Kenya.

The Head of State in the resolutions from a Cabinet meeting allowed the set-up of the foundation’s regional offices in Kenya observing that allowing Kenya to host it will support his administration in providing quality healthcare.

Ruto also announced that setting up a hosting center for the Bill and Melinda Gates Foundation will incentivize investors and bolster more collaborations.