The Kenyan government has granted the Gates Foundation expatriates special diplomatic privileges and immunity.
Source: UGC
In legal notice number 157 of October 4, 2024, the CS for Foreign and Diaspora Affairs, Musalia Mudavadi, exercised the powers conferred by section I of the Privileges and Immunities Act to confer special status on the foundation formerly known as the Bill and Melinda Gates Foundation.
Why Gates Foundation was given special status
In the notice, Mudavadi stated that the Bill and Melinda Gates Foundation is a charitable trust fighting poverty, disease, and inequality in over 140 countries globally.
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.
consequently, the 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.”
Other privileges conferred to Gates Foundation
The legal notice also specified that the foundation will be granted the privileges and immunities outlined in paragraphs 3 and 4 of Part I of the Fourth Schedule to the Act.
Additionally, the director, officials, and staff of the foundation, while residing in Kenya and carrying out their duties in service of the foundation, will receive the privileges and immunities listed in paragraphs 1, 2, 3, 4, 5, 6, and 7 of Part III of the Fourth Schedule to the Act.
part III of the fourth schedule of the Fourth Schedule of the Privileges and Immunities Act outlines the immunities and privileges granted to officers and servants of the Gates Foundation:
- Immunity from legal action for acts done in the course of official duties.
- Exemption from direct taxes on their salaries.
- Exemption from national service obligations.
- Immunity from immigration restrictions and alien registration for themselves, their spouses, and dependents.
- Privileges similar to those of diplomatic officials regarding exchange control facilities.
- Repatriation facilities during international crises, similar to those granted to diplomatic missions.
- Exemption from taxes or duties on importing personal belongings when first arriving to assume their role in Kenya.
Source: TUKO.co.ke
