This decision was made public through a gazetted legal notice by Mudavadi, also the Cabinet Secretary for Foreign and Diaspora Affairs and Acting Interior Cabinet Secretary, under the Privileges and Immunities Act.
The Kenyan government through Prime Cabinet Secretary Musalia Mudavadi explained the privileges and immunities extended to The Gates Foundation, formerly known as The Bill & Melinda Gates Foundation, hours after it was granted a special status through a legal notice number 157 of October 4, 2024.
This decision was made public through a gazetted legal notice by Mudavadi, also the Cabinet Secretary for Foreign and Diaspora Affairs and Acting Interior Cabinet Secretary, under the Privileges and Immunities Act.
Speaking during the official opening of The Gates Foundation, Nairobi Sub-Regional office on Friday, November 15, the PCS clarified that the privileges and immunities are meant to facilitate the seamless operation of international organizations.
He explained the Privileges and Immunities, saying that it is geared towards impactful programs in the country. Mudavadi went on to reveal that the foundation has met legal requirements and its Host Country Agreement and that the privileges associated with it have been approved by the Cabinet.
PCS Musalia Mudavadi during the official opening of The Gates Foundation, Nairobi Sub-Regional office. /MUSALIA MUDAVADI
“We take the concerns of our citizens seriously. I wish to clarify with utmost respect the rationale behind our decision. Diplomatic privileges and immunities are tools, not trophies.
“They are meant to facilitate the seamless operation of organizations that advance public good, much like the foundational principles of the Vienna Convention,” said Mudavadi.
Further, he maintained that there were various safeguards in place to ensure that the privileges and immunities were not abused. “These privileges are not a blank cheque but a carefully calibrated mechanism to enable organizations like the Gates Foundation to deliver impactful programs without bureaucratic hindrance,” he added.
By streamlining operations for development partners, the PCS affirmed that the government ensures that aid and innovation reach those in need when they need it most, adding that Kenya is vigilant in balancing its sovereignty with the benefits of global cooperation.
He said every Host Country Agreement is negotiated with due diligence, as outlined in the legal framework, noting that each partner must demonstrate their alignment with Kenya’s development priorities and their potential to deliver measurable benefits.
“We believe that robust dialogue is healthy for our democracy and governance. It is through such engagements that we refine our policies and reinforce our commitment to transparency and accountability,” continued Mudavadi.
At the same time, he lauded the Gates Foundation for identifying Nairobi as the best location for its sub-regional office, saying their choice exemplifies the cordial and mutually beneficial relations that exist between Kenya and the Gates Foundation.
He added that this recognition cements the position of Nairobi as a multilateral hub and regional financial and logistics centre and that it consolidates the development and social partnership that Kenya and the United States of America have developed during the past 60 years of diplomatic engagement.
“The presence of The Gates Foundation in Kenya is widely felt across the country. You have contributed to major milestones in priority areas of our national development, including Health, Agriculture, Gender Equality and Investments,” said the CS.
Musalia further cited areas that the Gates Foundation has supported in the country saying its financial and technical support to the health sector has helped to improve access to quality maternal and child health, HIV/AIDS and malaria programs.
Principal Secretary of State Department for Foreign Affairs Korir Sing’oei, who was also present said, “The work of assessing organizations’ privileges and immunities is taken seriously by the government. This is in line with the laid down statutes.”
The order recognises the Bill and Melinda Gates Foundation as an international organisation in Kenya, allowing it to operate with certain rights typically granted to diplomatic entities.
A quasi-diplomatic entity refers to an organisation, institution, or entity that operates like a diplomatic mission but does not have the full official status of a recognised embassy or consulate. This includes the ability to enter into contracts, defend itself in legal proceedings, and manage property in the country according to Kenyan laws.
The order also provides specific privileges to the Foundation’s officials and staff who are non-citizens or non-residents of Kenya. For starters, these individuals will enjoy immunity from certain legal actions and tax exemptions on duties performed for the Foundation while stationed in Kenya.
However, these immunities are not extended to Kenyan citizens or residents unless they are solely employed by the Foundation.
The Foundation has been active in over 140 countries, and with this new status in Kenya, it is expected to strengthen its presence and impact in the region.
