Published on: November 16, 2024 11:39 (EAT)
Prime Cabinet Secretary Musalia Mudavadi has come out to defend the government's move to grant Bill and Melinda Gates Foundation immunity in the country. Addressing the press on Friday, Mudavadi clarified that the said privileges given to the non-humanitarian organisation which has since caused uproar among Kenyans was a standard diplomatic gesture. The Foreign CS cited the foundation’s increased presence in the country over the years culminating in the opening of a Nairobi Sub-Regional office saying that the Gates Foundation programs had proved impactful in the country. “We take the concerns of our citizens seriously I wish to clarify the rationale behind our decisions; 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,” he said. The CS went on to argue that the foundation in question had met all the necessary legal requirements and adhered to the host country agreement. He went on to note that the government had put in place mechanisms to ensure such privileges and immunities were not abused. “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," Mudavadi stated. The remarks followed reactions by Kenyans after the government through a Gazette Notice dated October 4, 2024, announced that the foundation would enjoy certain privileges and immunities in the country. "The Bill and Melinda Gates Foundation, in this Order referred to as "the Foundation", being a charitable trust established to fight poverty, disease and inequality in over one hundred and forty countries globally, and with which the Government of Kenya has entered into an agreement for cooperation, is hereby declared to be an organisation to which section 11 of the Act shall apply," read the notice. The government gave the Foundation the legal 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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