The firm’s letter, authored by Dr. Owiso Owiso, stresses the need for transparency and calls for the government to publish information related to the circumstances under which the Gates Foundation received this unique status. Dr. Owiso argues that this decision raises concerns over “Kenya’s sovereignty and national interests,” urging compliance with Articles 10 and 35(3) of Kenya’s Constitution, which mandate public participation and accountability in governance.
In response to the growing public scrutiny, the Gates Foundation clarified its position, stating it operates within the framework of Kenya’s Privileges and Immunities Act. Buhle Makamanzi, Deputy Director of Global Communications for the foundation in Africa, emphasized that the agreement to operate in Kenya aligns with standard arrangements made by the government with other foundations and nonprofits.
Prime Cabinet Secretary Mudavadi had earlier justified the foundation’s special status, describing it as “a charitable trust fighting poverty, disease, and inequality in over 140 countries globally.” The legal notice grants BMGF extensive privileges, allowing it to enter into contracts, engage in legal proceedings, and manage property, while also providing its staff with exemptions akin to those enjoyed by diplomatic missions.
The legal notice further protects foundation staff from legal actions related to their official duties and exempts them from national service obligations. These privileges align with Kenya’s agreements with similar nonprofit organizations, according to the Gates Foundation’s statement.
The decision to grant BMGF regional operations in Kenya was approved by the Cabinet, chaired by President William Ruto, earlier this year. President Ruto highlighted the potential for BMGF’s presence to enhance healthcare initiatives and attract further investment and partnerships in the sector.
