The High Court in Nairobi has issued a conservatory order suspending privileges and immunities granted to the Bill and Melinda Gates Foundation and its officials under Kenyan law.
In a ruling delivered on Monday, November 25, Justice Bahati Mwamuye prohibited the Foundation, its directors, and officers from enjoying the benefits conferred by the Privileges and Immunities Act.
The suspension will remain in effect pending the hearing and determination of a legal challenge against the order.
“Pending the inter partes hearing and determination of the application dated November 22, 2024, a conservatory order is hereby issued suspending the Privileges and Immunities (Bill and Melinda Gates Foundation) Order, 2024,” the ruling stated in part.
The suspended legal notice, issued by the Cabinet Secretary for Foreign and Diaspora Affairs on September 19, 2024, and published in the Kenya Gazette on October 4, 2024, granted the Foundation privileges under Section 11 of the Act. The notice recognized the Foundation as a charitable trust involved in combating poverty, disease, and inequality in over 140 countries, including Kenya.
The privileges allowed the Foundation to operate similarly to diplomatic entities, enabling it to enter contracts, own property, and defend itself in legal proceedings. Non-Kenyan employees were to receive immunity from legal processes related to official duties and enjoy tax exemptions, while Kenyan employees working exclusively for the Foundation were exempt from these benefits.
However, critics have raised concerns about the implications of such immunities on accountability and governance.
The Privileges and Immunities Act grants legal protections to organizations involved in international cooperation. These privileges often include tax exemptions, immunity from legal suits related to official functions, and freedom from immigration restrictions. The Act aims to facilitate global partnerships while ensuring that such organizations can operate smoothly in Kenya.
The government had justified the recognition of the Foundation, citing its contributions to addressing global challenges. However, the conservatory order halts these benefits until the case challenging their legality is resolved.
The matter now awaits further proceedings in court.
