The Gates Foundation has clarified the details regarding the Government of Kenya granting all its officials immunity and protection while carrying out the foundation’s operations in the country after public outcry.
"In light of recent coverage and online conversation regarding the Gates Foundation’s agreement to operate in Kenya, we would like to share our official statement," part of the statement read.
The statement made through its Global Communication’s Deputy Director in Africa Buhle Makamanzi, stated that the immunity agreement was within the confines of Kenya’s Privileges and Immunities Act and is like similar ones granted to other foundations.
“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 read.
Through a gazette notice on October 23, Mudavadi announced that the foundation officials would receive immunity in their operations in Kenya.
“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.”
The foundation’s staff would also, Mudavadi indicated, enjoy various privileges similar to those of diplomatic officials, including tax exemptions and immunity from legal actions related to their official duties.
In a gazette notice on October 23, Prime CS Musalia Mudavadi stated that the foundation had been granted immunity in all its operations within the country leaving Kenyans speculating on what activities they were involved in that needed to be covered under an immunity agreement.
Mudavadi stated that the foundation, being a charitable trust fighting poverty, disease, and inequality in over 140 countries globally, qualified it to be a beneficiary of Section 11 of the Privileges and Immunities Act.
The new agreement accords the foundation the capacity to enter into contracts, defend legal proceedings, and manage properties in compliance with Kenyan law.
It also brings with it several other privileges of a diplomatic status including; exemption from taxes or duties on importing personal belongings when first arriving to assume their role in Kenya, 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.
