The High Court of Kenya has issued conservatory orders suspending the Gazette Notice that granted the Bill and Melinda Gates Foundation special privileges and immunity.
In a ruling on Monday, November 25, Justice Bahati Mwamuye ordered the suspension and prohibited any members of the foundation from continuing to enjoy any privileges and immunities.
The order has been directed to the foundation’s staff, agents, officers and directors.
“The 1st Respondent and its Directors, Officers, Staff, and Agents acting under its authority from enjoying or continuing to enjoy any privileges and immunities under the Privileges and Immunities Act (Chapter 179 of the Laws of Kenya)
“Or the Cooperation Agreement between the 1st Respondent and the Government of the Republic of Kenya referred to in Paragraph 2 of the impugned Order,” the ruling read in part.
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Details of the Special Privileges Granted to Bill and Melinda Gates Foundation
According to the notice signed by Prime Cabinet Secretary Musalia Mudavadi on September 19, the foundation was granted immunity because it is a charitable trust.
According to Mudavadi, the Gates Foundation was established to fight poverty, disease and inequality in over one hundred and forty countries globally.
Also, the Government of Kenya had entered into an agreement for cooperation with the foundation, applying the privileges and Immunities as provided for under the Privileges and Immunities Act.
Consequently, the foundation was granted permission to have the legal capacity of a body corporate to enter into a contract.
Additionally, it was permitted to institute and defend legal proceedings and acquire, hold or dispose of movable and unmovable property in Kenya.
“The Foundation shall have the privileges and immunities specified in paragraphs 3 and 4 of Part I of the Fourth Schedule to the Act.
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“The director, officials and staff of the Foundation shall, while residing in Kenya and d performing duties in the service of the Foundation, have the privileges and immunities specified in paragraphs 1,2,3,4,5,6 and 7 of Part III of the Fourth Schedule to the Act,” added the notice.
The privileges were also extended to the employees of the foundation.
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Gates Responds to Uproar From Kenyans
In a statement on October 25, Buhle Makamanzi, the Deputy Director of Global Communications for The Gates Foundation in Africa, noted that the foundation is operating within the confines of Kenya’s Privileges and Immunities Act.
Makamanzi clarified that its operations in Kenya are in accordance with the typical agreements Kenya has entered with other nonprofit organizations.
In a letter, Kenyan High Court Advocate Dr. Owiso Owiso through Dullo & Company Advocates argued that granting privileges and immunities to private foundations, including their officials and expatriate employees, had implications on Kenya’s sovereignty.
Also, he noted that it also affected national interests and was likely to cause significant public concern.
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