Kenya’s Court Suspends Bill Gates Foundation Immunity
In response to a petition filed by the Law Society of Kenya, the High Court issued conservatory orders on Monday suspending immunity and privileges given to the Bill and Melinda Gates Foundation under the Privileges and Immunities Act.
Through Legal Notice No. 157, Kenya Gazette Supplement No. 181, the government awarded the Gates Foundation exceptional privileges as a charity trust with special powers in Kenya.
The privileges enabled the Foundation to enter into contracts, legal actions, and property transfers within the country, as well as enjoy legal immunity.
The Bill & Melinda Gates Foundation – a private entity granted the same privileges and diplomatic immunities typically reserved for sovereign states raises serious concerns about the potential long-term implications for Kenya's national interest. pic.twitter.com/iTDkJ8cpw1
— Okiya Omtatah Okoiti (@OkiyaOmtatah) November 15, 2024
“Pending the inter parties 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,” read the High Court’s verdict in part.
Justice Bahati Mwamuye’s order forbade the Foundation and its directors, officials, personnel, and agents working under its authority from enjoying or continuing to enjoy any benefits and immunities under the Privileges and Immunities Act.
The subject will be discussed on February 5, 2025, to confirm compliance and set a priority hearing date for the presentation of written contributions related to the Application or the Petition.
Justice Mwamuye cautioned that refusal to follow court instructions will result in legal penalties.
“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,” he warned.
A month after the Kenyan government granted the Bill and Melinda Gates Foundation's special Privileges & Immunities status, the country’s high court has temporarily suspended the order.
— Samira Sawlani (@samirasawlani) November 25, 2024
Matter to be mentioned 5th Feb 2025. pic.twitter.com/PAWBV5LRza
The High Court’s decision comes after the President of the Law Society of Kenya filed a court application on November 11 seeking instructions to recall privileges given to the Bill and Melinda Gates Foundation.
Pending the completion of the matter, the Court required the petitioner to serve the application, petition, and court order to the respondents and interested parties by close of business on November 26, and file an Affidavit of Service in that regard by close of business on November 27.
In a gazette notice issued on October 23, Prime Minister CS Musalia Mudavadi declared that the Foundation has been granted immunity in all of its operations within Kenya, raising concerns among Kenyans about the ramifications of the move.
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The Foundation was granted privileges similar to those of diplomatic officers, such as tax breaks and immunity from legal action linked to their official obligations.
Mudavadi contended that because the Gates Foundation is a charitable trust dedicated to combating poverty, sickness, and inequality in over 140 countries throughout the world, it is eligible for Section 11 of the Privileges and Immunities Act.
On October 27, the Gates Foundation confirmed the details of the Kenyan government’s grant of immunity and protection to all its officials.
According to a statement issued by the Foundation’s Global Communication Deputy Director in Africa, Buhle Makamanzi, the immunity arrangement was within the scope of Kenya’s Privileges and Immunities Act and is similar to those provided to other foundations.
Kenya’s Court Suspends Bill Gates Foundation Immunity
