May 21, 2025
'Immunities Are Tools, Not Trophies!' - Mudavadi Defends The Gates Foundation Special Treatment

‘Immunities Are Tools, Not Trophies!’ – Mudavadi Defends The Gates Foundation Special Treatment

Prime Cabinet Secretary Musalia Mudavadi has addressed why the Gates Foundation and FORD Foundation in Kenya are receiving unique treatment.

This is after a portion of Kenyans led by Policy Advisor and Strategist Peter Kagwanja questioned a Kenya Gazette Notice on Privileges and Immunities Act portion 11 dated October 4, 2024, that provided the Foundations with unique status.

The Act offers various privileges and immunities to representatives of international organizations and agencies who provide technical support to Kenya.

Mudavadi defended the immunities and privileges, explaining that they are intended to support the smooth operation of international institutions.

According to the Prime CS, the privileges are intended to support impactful activities in the country.

He went on to say that the foundation had completed all of the legal requirements, and that the Cabinet had approved the Host Country Agreement and the associated rights.

“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.

Mudavadi was speaking during the official launch of the Gates Foundation’s Nairobi Sub-Regional Office.

Korir Sing’oei, Principal Secretary of State Department for Foreign Affairs, echoed his sentiments.

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Sing’oei 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 benefits enjoyed by foundations include the legal power of a body corporate to engage in contracts, establish and defend legal procedures, and acquire, keep, or dispose of movable and immovable property in conformity with Republic of Kenya legislation.

‘Immunities Are Tools, Not Trophies!’ – Mudavadi Defends The Gates Foundation Special Treatment

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