Prime Cabinet Secretary Musalia Mudavadi has clarified why the Gates Foundation and FORD Foundation in Kenya are receiving specialized treatment.
This is after a section of Kenyans led by Policy Advisor and Strategist Peter Kagwanja questioned a Kenya Gazette Notice on Privileges and Immunities Act Section 11 dated October 4, 2024, that issued the Foundations with specialized treatment.
The Act grants certain privileges and immunities to representatives of international organisations and agencies providing technical assistance to Kenya.
Defending the immunities and privileges, Mudavadi explained that they are meant to facilitate the seamless operation of international organizations.
According to the Prime CS, the privileges are geared towards impactful programs in the country.
He went on to say that the foundation has met legal requirements and its Host Country Agreement and privileges associated with it have been approved by the Cabinet.
“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.
“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,” said Mudavadi during the official opening of the Gates Foundation, Nairobi Sub-Regional office.
His sentiments were echoed by Principal Secretary of State Department for Foreign Affairs Korir Sing'oei who insisted that the work of assessing organisations' privileges and immunities is taken seriously by the government in line with the laid down statutes.
Mudavadi argued that these privileges are important to streamlining operations for development partners because the government ensures that aid and innovation reach those in need when they need it most.
“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 Mudavadi.
Some of the privileges the foundations enjoy include the legal capacity of a body corporate 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.
