The Gates Foundation has officially withdrawn from the host country agreement it had previously signed with Kenya.
In a statement released on Tuesday, April 8, the foundation clarified that its decision was prompted by an ongoing court case challenging the agreement. The foundation expressed concern that the legal dispute had shifted attention away from its primary mission and projects in Kenya.
However, despite withdrawing from the agreement, the Gates Foundation reassured the public that its operations in Kenya would continue under the framework of its branch office.
“The legal case surrounding the Host Country Agreement has drawn attention away from our core mission. To maintain focus on our work and partnerships in Kenya, we will continue our branch office operations in the country but transition away from the Host Country Agreement,” the statement read in part.
During the court proceedings on the same day, it was announced that the Gates Foundation and the Ministry of Foreign Affairs had mutually agreed to withdraw from the agreement.
The agreement had been met with criticism from many Kenyans, especially due to the diplomatic and tax immunity granted to the foundation as part of the deal.
In defense of the immunity, the government had stated that it was essential to allow the Gates Foundation’s workers to implement their projects without obstacles.
Prime CS Musalia Mudavadi explained in 2024, “Diplomatic privileges and immunities are tools, not trophies. They are meant to facilitate the seamless operation of organizations that advance the public good, much like the foundational principles of the Vienna Convention.”
The agreement had previously been suspended by the High Court in November 2024 following a case filed by the Law Society of Kenya.
