Prime Cabinet Secretary Musalia Mudavadi has clarified the privileges and immunities extended to the Gates Foundation, saying they are meant to facilitate seamless operation of international organizations.
He explained the Privileges and Immunities (Bill and Melinda Gates Foundation) Order 2024 published in the Kenya gazette dated October 4, saying that it is geared towards impactful programmes in the country.
Mudavadi said that the Gates Foundation has met legal requirements and its Host Country Agreement and 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.
He was speaking during the official opening of the Gates Foundation, Nairobi Sub-Regional office.
“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,” he insisted.
“The work of assessing organizations’ privileges and immunities is taken seriously by the government. This is in line with the laid down statutes.” remarked Korir Sing’oei, Principal Secretary State Department for Foreign Affairs, who was present.
By streamlining operations for development partners, he affirmed that the Government ensures that aid and innovation reach those in need when they need it most.
“I once attended an international conference where a well-meaning official from another country shared how they struggled to clear essential medical supplies due to cumbersome procedures. The supplies finally arrived, but just as the epidemic they were meant to combat had already passed its peak. A classic case of ‘the right medicine, but at the wrong time’,” he recounted.
Mudavadi, also the Foreign and Diaspora Affairs Cabinet Secretary, 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.
“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.
He 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.
Similarly, he said this recognition cements the position of Nairobi as a Multilateral Hub and regional financial and logistics centre and 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.
He 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.
“We appreciate your investment in tools, technologies and market infrastructure that improve the productivity of smallholder farmers and enhance their ability to adapt to climate change. Your intervention has greatly enhanced their livelihoods through better knowledge and incomes,” he said.
The Gates foundation led by the President for global development division and Gargee Ghosh President for global policy and advocacy assured the Kenyan government of their continued support and collaboration in creating sustainable economic and social advancements that will help save and improve lives.
“The Kenyan office is the new hub that will enhance progressive partnerships as we believe in the power of innovation, consolidating ideas, resources and expertise to transform lives and empower communities.” said Elias.
Mudavadi said the Government has set clear priorities and targets aimed at uplifting the standards of living of Kenyans and will continue to collaborate with the Foundation in its journey of socioeconomic transformation and shared prosperity for all Kenyans.
“Our citizens have immensely benefited from your engagement in these and other priority areas of the Government’s Bottom-Up Economic Transformation Agenda. You have greatly empowered and improved the livelihoods of Kenyans across the country,” he noted.
Other areas that the Foundation is engaging in expanding the reach of digital financial services and payments, particularly to small and medium-sized enterprises.
