Mudavadi defends govt decision to offer Gates Foundation diplomatic immunity amid public outcry » Capital News
NAIROBI, Kenya, Nov 16-The government has defended the its decision to grant the Bill and Gates Foundation diplomatic immunity citing ‘significant’ development support.
Prime Cabinet Secretary Musalia Mudavadi stated that the diplomatic immunity was a standard diplomatic gesture given to the non-humanitarian organization which was considered following the impactful programs by the Gates Foundation.
The government granted all its officials immunity and protection while carrying out the foundation’s operations in the country.
“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 government’s recent decision to grant diplomatic immunity sparked significant controversy and raised alarm bells about power and accountability.
This unprecedented decision shields the foundation and its staff from legal consequences for actions taken in their official capacity, a privilege typically reserved for diplomatic missions and international organizations.
“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,” Mudavadi noted.
The government through a Gazette Notice dated October 4, 2024, announced that the foundation would enjoy certain privileges and immunities in the country.
This 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.”
“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.
Mudavadi stated that the foundation, being a charitable trust fighting poverty, disease, and inequality in over 140 countries globally, qualified it to be a beneficiary of Section 11 of the Privileges and Immunities Act.
The timing of this decision has raised eyebrows as the government is facing mounting legal challenges worldwide and is set to stand trial in the Netherlands over alleged COVID-19 vaccine misinformation.
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