The Bill and Melinda Gates Foundation has officially withdrawn its Host Country Agreement with the Government of Kenya, citing legal battles and mounting public scrutiny in the country as impediments to its philanthropic mission.
High Court suspends privileges amid legal petition
The move follows a conservatory order issued by the High Court of Kenya on November 25, 2024, which temporarily suspended the privileges and immunities granted to the Gates Foundation under the Privileges and Immunities Act. The order came after the Law Society of Kenya (LSK) filed a petition challenging the legality and implications of the agreement.
In his ruling, the High Court judge prohibited the Foundation and its staff from enjoying any privileges or immunities under the Act or through any cooperation agreement with the Kenyan government, until the case is fully heard and determined. The court emphasized the need to consider constitutional issues raised by the LSK, particularly regarding transparency and due legal process.
A controversial agreement
The agreement in question was signed on October 4, 2024, when the Kenyan government, through powers conferred by the Privileges and Immunities Act, granted the Gates Foundation special status. The decision was later approved by the Cabinet. Under this arrangement, the Foundation would have gained the legal capacity of a body corporate in Kenya – able to enter into contracts, institute and defend legal proceedings, and acquire or dispose of property. In addition, the Foundation and its staff were to be exempted from direct taxation on salaries and other benefits, effectively granting them diplomatic-style immunity.
Public backlash and questions over criteria used
The extension of such privileges to a private philanthropic organization caused widespread public debate. With Kenyans questioning the rationale and criteria used to qualify the Gates Foundation for immunity, noting that such provisions are traditionally reserved for foreign embassies, international organizations, and UN agencies. Concerns were also raised over issues of accountability and potential abuse of power by a foreign non-state actor operating with limited oversight.
Supporters of the agreement argued that the Foundation’s global reputation and investments in health, agriculture, and education in Kenya justified the legal arrangement, which they claimed would enhance development partnerships.
However, civil society groups, legal experts, and sections of the public saw the deal as a dangerous precedent – one that risked undermining Kenya’s constitutional order and democratic accountability. They emphasize that no private entity, no matter how well-intentioned, should be beyond the reach of national laws.
In a brief statement reported by various media outlets, the foundation’s Africa Director, Dr. Paulin Basinga acknowledged its decision to withdraw from the agreement, stating:
“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. 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.”
Nevertheless, the High Court has given the government a 21-day deadline to demonstrate that it has officially revoked the diplomatic privileges granted to the Gates Foundation under the disputed Host Country Agreement.
