January 10, 2025
Reported locally but largely ignored by the international legacy/mainstream media, the ruling raises important questions about the power and privileges wielded by Gates and other super-wealthy philanthro-capitalists operating in developing countries.
The court order, issued by Justice Bahati Mwamuye, suspends the ‘Privileges and Immunities (Bill and Melinda Gates Foundation) Order, 2024’, effectively stripping the Gates organization, its directors, and agents of various legal shields awarded to them by Kenya’s government. This comes amidst growing scrutiny of the Foundation’s operations, which many observers say blur the line between altruism and influence-peddling.
The privileges, which included tax exemptions and protection from legal proceedings, had quickly sparked outrage among Kenyan legal experts and civil society after they were awarded. The Law Society of Kenya therefore challenged the move in court, asserting it violated Kenya’s Privileges and Immunities Act.
The law organization argued that such legal shields are typically reserved for diplomatic or humanitarian entities, not private foundations. In doing so, it reflected public concern that the decision to grant these types of immunities had undermined the principles of transparency and accountability and that no entity, regardless of its claimed benevolent goals, should be allowed to operate above the law.
Kenya’s Prime Cabinet Secretary Musalia Mudavadi, who endorsed the immunities, has attempted to justify them by citing the Gates Foundation’s supposed contributions to combating global poverty, disease, and inequality. However, critics contend that this ignores the significant sway Gates has over governments, particularly in sectors like healthcare and agriculture, where he funds and influences key programs.
The Gates Foundation has similarly tried to defend the arrangement, claiming it aligned with international norms. But this has failed to quell the growing unease over Gates and his Kenyan activities.
An Extreme Concentration of Wealth and Power
The Kenyan court’s decision has reignited debates over the interference of super-wealthy philanthro-capitalists in the affairs of African nations. Such individuals frequently act as unaccountable power brokers, bypassing democratic processes while advancing their personal interests. The Gates Foundation has been widely accused of having a disproportionate influence on public policy in developing countries, and of prioritizing its own agenda over local needs.
The case is slated to return to court in February 2025, for further deliberations. In the meantime, not only will the Gates Foundation’s operations in Kenya almost inevitably now come under even greater scrutiny, but the broader implications of the ruling could well resonate far beyond the country’s borders.
Wherever it operates, the extreme concentration of wealth and power in the Gates Foundation presents clear challenges to national sovereignty. Moreover, the organization’s apparent ability to secure sweeping, diplomatic-style immunity raises serious concerns about transparency and accountability. At the very least, therefore, Gates would appear to be facing some uncomfortable questions in the months ahead. With his credibility rapidly evaporating, he only has himself to blame.
Let Us Recall Kenya: A 500,000 Petition Called for an Investigation
“An online petition is calling on the White House to investigate Bill Gates and Melinda Gates for “crimes against humanity” and “medical malpractice”.
The petition received more than 500,000 signatures as of 11th May 2020.
By Muslim Mirror Web Desk
The petition accuses the Bill and Melinda Gates Foundation of “medical malpractice” for citing an accusation of “intentionally sterilizing Kenyan children through the use of a hidden HCG antigen in tetanus vaccines.” The petition also quoted Bill Gates’ when talking about his interest in “reducing population growth” by means of vaccinations.
In Y2014, the Catholic Bishops Conference of Kenya conducted a study on the 5-injection, 2 yr vaccination project performed on female Kenyans aged 14-49, in a South African laboratory and concluded that “all 6 samples tested positive for the HCG antigen.”
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Court Suspends Govt’s Immunity & Privileges for Bill & Melinda Gates Foundation
JOE MACHARIA on Monday, 25 November 2024 for KENYANS
The High Court on Monday issued conservatory orders suspending immunity and privileges granted to Bill and Melinda Gates Foundation under the Privileges and Immunities Act in a Petition filed by the Law Society of Kenya (LSK).
The government, through Legal Notice No. 157, Kenya Gazette Supplement No. 181, had granted Gates’ foundation special privileges recognised as a charitable trust with special rights in Kenya.
The privileges allowed the Foundation to engage in contracts, legal actions, and property transactions within the country as well as legal immunity.
“Pending the inter parties hearing and determination of the Application dated 22/11/2024, a conservatory order be and is hereby issued suspending the Privileges and Immunities (Bill and Melinda Gates Foundation) Order, 2024 given and notified as Legal Notice No. 157 made on 19/09/2024 under the hand of the Cabinet Secretary for Foreign and Diaspora Affairs, and published in the Special Issue of the Kenya Gazette Supplement No. 181 dated 04/10/2024,” read the High Court’s verdict in part.
Justice Bahati Mwamuye, in his ruling, prohibited the Foundation and its directors, officers, staff, and agents acting under its authority from enjoying or continuing to enjoy any privileges and immunities under the Privileges and Immunities Act.
The matter will be mentioned on February 5, 2025, to confirm compliance and to take a priority hearing date for the highlighting of written submissions with respect to the Application or the Petition.
Justice Mwamuye warned that failure to heed the court orders will attract legal consequences. “Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,” he warned.
The ruling by the High Court comes after the President of the Law Society of Kenya moved to court on November 11 seeking orders to have privileges granted to the Bill and Melinda Gates Foundation be recalled.
Pending the conclusion of the case, the Court directed the petitioner to serve the application, petition, and the court order on the respondents as well as interested parties by close of business on November 26, and file an Affidavit of Service in that regard by close of business on November 27.
In a gazette notice on October 23, Prime CS Musalia Mudavadi stated that the Foundation had been granted immunity in all its operations within the country leaving Kenyans with raised eyebrows on the implications of the move.
The Foundation was granted privileges similar to those of diplomatic officials, including tax exemptions and immunity from legal actions related to their official duties. Mudavadi argued that the Gates Foundation is a charitable trust fighting poverty, disease, and inequality in over 140 countries globally, it qualified it to be a beneficiary of Section 11 of the Privileges and Immunities Act.
The Gates Foundation on October 27 clarified the details regarding the Government of Kenya granting all its officials immunity and protection.
In a statement through its Global Communication’s Deputy Director in Africa Buhle Makamanzi, the Foundation stated that the immunity agreement was within the confines of Kenya’s Privileges and Immunities Act and is like similar ones granted to other foundations.
Dr. Wahome Ngare on the WHO's Neonatal Tetanus vaccination campaign:
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