Kenyan Freedom of Information on Gates Foundation Immunity and Privildges
Posted on November 1st, 2024
By Kenyan Foreign Policy
| October 26, 2024
A Kenyan advocate has filed a Freedom of Information, or Right to Information, request challenging the legal grounds for diplomatic immunities and privileges recently granted to the Bill and Melinda Gates Foundation by the Ruto administration.
In a letter dated October 24, 2024, and addressed to Foreign Affairs Cabinet Secretary Musalia Mudavadi, Dr. Owiso Owiso, an advocate of the Kenyan High Court, raised concerns over these privileges, which have attracted significant public criticism.
By the Privileges and Immunities (Bill and Melinda Gates Foundation) Order, 2024 dated 19 September 2024 and published as Legal Notice 157 in Kenya Gazette Supplement No. 181 of 04 October 2024, you granted certain immunities and privileges to the Bill and Melinda Gates Foundation pursuant to section 1 of the Privileges and Immunities Act,” Owiso’s letter reads.
It goes on to state, As this is a matter that affects the nation, you are obligated under Article 35(3) of the Constitution of Kenya, 2010, to publish and publicize information relevant to the circumstances under which the Bill and Melinda Gates Foundation was granted this status.”
The request, filed through Dullo and Company Advocates, seeks comprehensive disclosure on the process and agreements that led to the Gates Foundation’s special diplomatic status.
Specifically, Owiso requests:
1. An explanation of the criteria that qualified the Bill and Melinda Gates Foundation for immunity and privileges under the Privileges and Immunities Act.
2. Copies of all agreements between the Kenyan government and the foundation, including any Host Country Agreement.
According to Legal Notice No. 157, published on October 4, 2024, Mudavadi stated that the foundation, chaired by philanthropist Bill Gates, received special status due to its work in poverty alleviation, healthcare, and education across the country.