On November 25, 2024, the High Court in Nairobi issued a significant ruling suspending the special privileges and immunities previously granted to the Bill and Melinda Gates Foundation in Kenya. Justice Bahati Mwamuye issued a conservatory order that bars the Foundation, including its officials, directors, officers, and staff, from enjoying any of the immunities or privileges provided under the Privileges and Immunities Act.
The court’s decision follows an application filed on November 22, 2024, and it remains in effect until the inter partes hearing and determination of the matter.
The ruling specifically suspends the Privileges and Immunities (Bill and Melinda Gates Foundation) Order, 2024, issued by the Cabinet Secretary for Foreign and Diaspora Affairs and published in the Kenya Gazette on October 4, 2024. This order had granted the Foundation, a globally recognized charitable organization, special status under the Privileges and Immunities Act.
The court’s suspension affects various legal protections the Foundation had been granted. These included immunity from legal processes related to its official duties, tax exemptions on salaries for non-Kenyan staff, and protection from immigration restrictions. The privileges also allowed the Foundation to engage in contracts, manage property, and defend legal actions similar to diplomatic entities.
The Foundation’s designation as a charitable trust fighting poverty, disease, and inequality in over 140 countries was officially recognized in October 2024. It was granted the status of an organization eligible for the privileges outlined in Section 11 of the Privileges and Immunities Act.
This status would have allowed its non-Kenyan staff to enjoy various immunities while working in Kenya, though local staff could only access such privileges if employed exclusively by the Foundation.
However, the High Court’s recent ruling has paused these privileges until further legal proceedings are concluded.
