The High Court in Nairobi has suspended the special privileges and immunities granted to the Bill and Melinda Gates Foundation.
On Monday, November 25, 2024, Justice Bahati Mwamuye issued a conservatory order, barring the Foundation and its officials, including directors, from enjoying any privileges or immunities under the Privileges and Immunities Act.
The ruling states that the suspension will remain in effect until the inter partes hearing and determination of an application filed on November 22, 2024. The conservatory order suspends the Privileges and Immunities (Bill and Melinda Gates Foundation) Order, 2024, issued as Legal Notice No. 157 on September 19, 2024, by the Cabinet Secretary for Foreign and Diaspora Affairs and published in the Kenya Gazette on October 4, 2024.
The court also prohibited the Foundation, its directors, officers, staff, and agents from enjoying any immunities or privileges under the Privileges and Immunities Act [Chapter 179 of the Laws of Kenya] or the Cooperation Agreement between the Foundation and the Government of Kenya, as outlined in the impugned order.
The Privileges and Immunities Act provides legal protections and exemptions for certain organizations, especially those engaged in international cooperation. These privileges include immunity from legal processes related to official duties, tax exemptions on salaries, and protection from immigration restrictions.
In October 2024, the Kenyan government granted the Bill and Melinda Gates Foundation special privileges, recognizing it as a charitable trust under the Privileges and Immunities Act.
The gazette notice described the Foundation as a charitable trust fighting poverty, disease, and inequality across over 140 countries globally. The Foundation was granted the status of an organization to which section 11 of the Act applies.
This designation allowed the Foundation to engage in contracts, manage property, and defend legal actions, similar to diplomatic entities. Non-Kenyan staff of the Foundation would enjoy legal immunities and tax exemptions while performing their duties in Kenya. However, local citizens would only benefit from these privileges if exclusively employed by the Foundation.
