Gates Foundation withdraws from Host Country Agreement that granted them immunity in Kenya

According to a statement issued by Paulin Basinga, the Africa Director of the Gates Foundation, they will continue their branch office operations across the country to advance the citizens' welfare. 

The Host Country Agreement granted Bill and Melinda Gates Foundation immunity in the country from being prosecuted.

This was, however, challenged by the Law Society of Kenya which argued that such powers should be declared null and void. 

Director Basinga explained that the decision was mutually agreed upon with the host country. 

"During the court proceedings this morning, the court was informed that the Gates Foundation and the Ministry of Foreign Affairs have mutually withdrawn from the Host Country Agreement," the statement read in part. 

"We are fully committed to Kenya, and we will continue our operations on the ground. Now more than ever, we look forward to focusing on the people and partners who drive this work, collaborating with our grantees to create lasting impact for a healthier, more prosperous Kenya and region."

Through a Gazette Notice dated October 4, 2024, the Foundation was granted immunity. 

"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," the notice read in part. 

This elicited uproar from the public which questioned the government's intention in granting the privileges. 

In response, Prime CS Musalia Mudavadi explained that the immunity is meant to facilitate seamless operations for international organisations. 

He added that the Foundation had met legal requirements and its Host Country Agreement and the privileges associated with it were approved by the Cabinet.

"Diplomatic privileges and immunities are tools, not trophies. They are meant to facilitate seamless operation of organizations that advance public good, much like the foundational principles of the Vienna Convention,” Mudavadi said during the official opening of the Gates Foundation, Nairobi Sub-Regional office in November 2024. 

LSK, however, challenged the Foundation's immunity status, prompting the High Court to suspend the powers pending the hearing and determination of the case.