)
The government has extended special legal privileges and immunities to the Bill and Melinda Gates Foundation.
This decision was made public through a gazetted legal notice by the Cabinet Secretary for Foreign and Diaspora Affairs, Musalia Mudavadi, under the Privileges and Immunities Act.
The order recognises the Bill and Melinda Gates Foundation as an international organisation in Kenya, allowing it to operate with certain rights typically granted to diplomatic entities.
A quasi-diplomatic entity refers to an organisation, institution, or entity that operates in a manner similar to a diplomatic mission but does not have the full official status of a recognised embassy or consulate.
)
)
)
This includes the ability to enter into contracts, defend itself in legal proceedings, and manage property in the country according to Kenyan laws.
The order also provides specific privileges to the Foundation’s officials and staff who are non-citizens or non-residents of Kenya.
)
READ:
These individuals will enjoy immunity from certain legal actions and tax exemptions on duties performed for the Foundation while stationed in Kenya.
However, these immunities are not extended to Kenyan citizens or residents unless they are solely employed by the Foundation.
The Foundation has been active in over 140 countries, and with this new status in Kenya, it is expected to strengthen its presence and impact in the region.
Special priviledges Bill and Melinda Gates Foundation will enjoy:
- The Bill and Melinda Gates Foundation is now legally recognised as a charitable trust with special rights in Kenya.
- The Foundation can engage in contracts, legal actions, and property transactions within the country.
- Foreign officials and staff of the Foundation are granted specific legal immunities while working in Kenya, excluding local citizens or residents who work part-time for the organisation.
)
This move is anticipated to enhance the Foundation’s ability to work effectively in Kenya.
Other organisations that enjoy similar priviledges include Ford Foundation, Aga Khan Development Network (AKDN) and the Global Alliance for Vaccines and Immunisation (GAVI).