The High Court of Kenya has issued conservatory orders suspending the immunity and privileges granted to the Bill and Melinda Gates Foundation under the Privileges and Immunities Act.
The decision follows a petition filed by the Law Society of Kenya (LSK), challenging the special status accorded to the global charity.
The government, through Legal Notice No. 157, Kenya Gazette Supplement No. 181, had granted the Gates Foundation a range of privileges, recognizing it as a charitable trust with special rights within the country.
These privileges allowed the foundation to enter into contracts, engage in legal actions, conduct property transactions, and enjoy immunity from legal accountability.
In a ruling delivered on Monday, Justice Bahati Mwamuye issued a conservatory order suspending the privileges outlined in the Privileges and Immunities (Bill and Melinda Gates Foundation) Order, 2024.
This order, which was made on September 19, 2024, and published in the Kenya Gazette on October 4, 2024, will remain in effect until the application, filed on November 22, 2024, is heard and determined.
The court’s directive prohibits the foundation, including its directors, officers, staff, and agents, from continuing to enjoy the privileges and immunities previously granted under the law.
The case will be mentioned again on February 5, 2025, to ensure compliance and to schedule a priority hearing for the submission of written arguments.
In his ruling, Justice Mwamuye emphasized the importance of adhering to the court’s orders, warning that failure to comply would result in legal consequences.
“Take notice that any disobedience or non-observance of the order of the court will result in penal consequences,” the judge stated.
The court’s intervention comes after the President of the Law Society of Kenya filed the petition on November 11, calling for the immediate revocation of the privileges granted to the Foundation.
In the petition, LSK argued that the special immunity granted to the foundation was too broad and raised concerns about its implications on Kenyan sovereignty and accountability.
Meanwhile, the court instructed the petitioner to serve the application, petition, and court orders on all relevant parties by November 26 and to file an affidavit confirming service by November 27.
The Bill and Melinda Gates Foundation had been granted privileges akin to those given to diplomatic officials, including tax exemptions and immunity from legal actions related to their operations in Kenya.
Prime Cabinet Secretary Musalia Mudavadi, in an October 23 gazette notice, defended the decision, explaining that the Foundation’s work in fighting poverty, disease, and inequality in over 140 countries globally justified its recognition under the Privileges and Immunities Act.
In response to growing public concern, the Foundation clarified its position in a statement on October 27.
Through its Global Communications Deputy Director for Africa, Buhle Makamanzi, the Foundation explained that the immunity agreement was in line with Kenya’s Privileges and Immunities Act and was similar to agreements granted to other charitable foundations operating within the country.
As the legal battle continues, all eyes are on the High Court’s final decision, which could have broader implications for the operations of international organizations in Kenya.
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