The government of Kenya has clarified the privileges and immunities extended to The Gates Foundation, formerly known as The Bill & Melinda Gates Foundation. Kenya granted the foundation a special status through a legal notice number 157 of October 4, 2024, by Prime Cabinet Secretary (PCS) Musalia Mudavadi.
The Gates Foundation is chaired by US Billionaire businessman and Microsoft founder Bill Gates who also doubles up as a philanthropist.
PCS Mudavadi in the legal notice exercised the powers conferred by section I of the Privileges and Immunities Act to confer special status on the foundation, in turn granting a raft of special diplomatic privileges and immunity to its expatriates.
While speaking during the official opening of The Gates Foundation, Nairobi Sub-Regional office on November 15, the PCS clarified that the privileges and immunities are meant to facilitate seamless operation of international organizations.
He explained the Privileges and Immunities, saying that it is geared towards impactful programs in the country.
Mudavadi said 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.
“Diplomatic privileges and immunities are tools, not trophies. They are meant to facilitate seamless operation of organizations that advance public good, much like the foundational principles of the Vienna Convention,” said Mudavadi.
“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.”
By streamlining operations for development partners, the PCS, also the Foreign and Diaspora Affairs Cabinet Secretary, affirmed that the government ensures that aid and innovation reach those in need when they need it most.
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Mudavadi clarifies Privileges and Immunities Granted to the Gates Foundation
The PCS assured 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.
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“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,” said Mudavadi.
At the same time, Musalia 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 said this recognition cements the position of Nairobi as a multilateral hub and regional financial and logistics center, adding 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 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 Gates Foundation issues statement
The clarification comes after The Gates Foundation issued a statement also clarifying the granting of a special status by the government of Kenya.
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Buhle Makamanzi, the Deputy Director of Global Communications for the foundation in Africa, highlighted that the organization 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.
“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.
President William Ruto‘s Cabinet on Tuesday, June 27, approved The Gates Foundation to set up their operations in Kenya.
