The High Court in Nairobi has issued a conservatory order suspending immunity and privileges granted to the Bill and Melinda Gates Foundation.
In the order issued on Monday, November 25, Justice Bahati Mwamuye prohibited the Foundation alongside its officials including directors from enjoying any privileges and immunities under the Privileges and Immunities Act.
"Pending the inter partes 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 at 2941," the verdic read in part.
It added, "Pending the inter partes hearing and determination of the Application dated 22/11/2024, a conservatory order be and is hereby issued prohibiting the 1st Respondent 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 [Chapter 179 of the Laws of Kenya] or the Cooperation Agreement between the 1st Respondent and the Government of the Republic of Kenya referred to in Paragraph 2 of the impugned Order."
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In October 2024, the government granted the Bill and Melinda Gates Foundation special privileges and immunities, recognizing it as a charitable trust under the Privileges and Immunities Act.
"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," read the gazette notice.
This status would allow the Foundation to engage in contracts, manage property, and defend legal actions, similar to diplomatic entities.
Non-Kenyan staff would enjoy legal immunities and tax exemptions while performing their duties in the country, although these benefits do not extend to local citizens unless they are exclusively employed by the Foundation.
Notably, the Privileges and Immunities Act provides legal protections and exemptions for certain organizations and their officials, particularly those involved in international cooperation.
It grants privileges such as immunity from legal processes related to official duties, tax exemptions on salaries, and protection from immigration restrictions.
