High Court Suspends Privileges Granted to Bill and Melinda Gates Foundation

The High Court of Kenya has temporarily suspended the special privileges and immunities granted to the Bill and Melinda Gates Foundation under the Privileges and Immunities Act.

The court has directed all respondents in the case to file their responses by December 10, 2024.

Legal Challenge by LSK

This suspension follows a legal challenge by the Law Society of Kenya (LSK), which argues that the government’s decision to grant the foundation such status is legally flawed and contrary to public interest.

The privileges were initially conferred through a Gazette Notice published on October 4, 2024.

https://twitter.com/advabner/status/1860967158001406080

The notice recognized the foundation as a charitable trust working to alleviate poverty, disease, and inequality in over 140 countries, including Kenya, and granted it protections typically reserved for diplomatic missions and international organizations.

Controversial Gazette Notice

The Gazette Notice stated:

“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.”

However, the LSK is contesting the move, asserting that the privileges granted to the foundation are unwarranted and should be declared null and void.

Following an application by the @LawSocietyofKe, the High Court has issued a conservatory order suspending the impugned decision of @ForeignOfficeKE listing the Bill and Melinda Gates Foundation as an organisation of Consular Status with privileges under the Privileges and… pic.twitter.com/rCGtVHxMJ8

— Faith Odhiambo (@FaithOdhiambo8) November 25, 2024

Broader Implications

The LSK contends that extending such diplomatic-style immunities to the Gates Foundation—a private entity—raises concerns about transparency, accountability, and governance. The organization also highlights the potential implications of foreign influence in Kenya’s public health and development sectors.

https://twitter.com/advabner/status/1860967158001406080

This case reflects growing scrutiny over the role of international organizations and their agreements with the Kenyan government, particularly regarding issues that directly affect public welfare.