Why Mudavadi Believes Gates Foundation Deserves Kenya’s Special Privileges
Prime Cabinet Secretary Musalia Mudavadi has shed light on why the Gates Foundation and the FORD Foundation enjoy specialized privileges in Kenya, addressing concerns raised by critics, including Policy Advisor Peter Kagwanja.
The debate arose following a Kenya Gazette Notice dated October 4, 2024, which detailed the issuance of privileges under the Privileges and Immunities Act Section 11.
The Act permits certain immunities to representatives of international organizations aiding Kenya in technical and developmental efforts. Mudavadi defended these privileges as essential tools for streamlining the impactful work of such organizations. Speaking during the inauguration of the Gates Foundation’s Nairobi Sub-Regional Office, he remarked, “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.”

He emphasized that these privileges are not arbitrary but are carefully structured mechanisms enabling organizations like the Gates Foundation to execute transformative programs free from bureaucratic delays.
Mudavadi further clarified that the foundation had adhered to all legal requirements, and its Host Country Agreement, along with the associated privileges, had been vetted and approved by the Cabinet. Highlighting the foundation’s significant contributions, he stated, “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.”
Principal Secretary for the State Department of Foreign Affairs, Korir Sing’oei, supported Mudavadi’s sentiments, affirming the government’s rigorous approach to evaluating and approving privileges for development partners.

Among the privileges granted to these foundations are the ability to enter into contracts, defend legal proceedings, and manage properties under Kenyan law. Mudavadi argued that such provisions ensure development aid and innovations reach their intended beneficiaries efficiently, reinforcing the government’s commitment to fostering impactful collaborations with international entities.
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Why Mudavadi Believes Gates Foundation Deserves Kenya’s Special Privileges