Prime Cabinet Secretary (PCS) Musalia Mudavadi has received a demand letter after Kenya granted The Gates Foundation (formerly The Bill & Melinda Gates Foundation) a special status that would see its expatriate officials granted privileges and immunity in the country.
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, not only has implications on Kenya’s sovereignty and national interests but also likely to cause significant public concern.
“You will also no doubt be aware that pursuant to article 10 of the Constitution of Kenya, 2010, you are/were bound by the national values and principles of public participation, transparency and accountability in exercising your authority to grant this status,” reads the letter in part.
“Additionally, as this is a matter that affects the nation, you are obligated under article 35(3) of the Constitution of Kenya, 2010 to publish and publicize information relevant to the circumstances under which the Bill and Melinda Gates Foundation was granted this status.”
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Demands Issued to Mudavadi
Invoking Article 10 and Article 35(1)(a) of the Constitution of Kenya, 2010, the lawyers want Mudavadi to provide information and documents detailing the circumstances under which the foundation received its special status.
They have also asked the Prime CS to provide copies of all agreements between the government and the foundation.
“Provide an explanation as to the circumstances under which the Bill and Melinda Gates Foundation qualified for and was granted immunities and privileges under section 11 of the Privileges and Immunities Act, including reasons thereof,” the demand letter reads further.
“Provide copies of all agreements concluded between the Government of the Republic of Kenya and the Bill and Melinda Gates Foundation, including but not limited to the Host Country Agreement.”
Additionally, the lawyers requested that the documents be provided within seven days of receiving the letter, since the documents and information are within the knowledge or possession of Mudavadi.
The Gates Foundation is chaired by US billionaire businessman and philanthropist Bill Gates, who is best known for co-founding the software company Microsoft.
His foundation will now have the capacity 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.
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Kenya grants special status to The Gates Foundation
While announcing the special status grant, PCS Mudavadi in the notice explained that the Foundation is a charitable trust fighting poverty, disease, and inequality in over 140 countries globally.
Mudavadi noted that Kenya has entered into an agreement for cooperation with the foundation, and hence, it’s declared to be a beneficiary of section 11 of the Privileges and Immunities Act.
“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,” reads part of the notice.
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