The government wants Parliament to approve diplomatic privileges and immunities for the Ford Foundation, including tax exemptions for its officials and staff working in Kenya, as it seeks to formalise long-term cooperation with the philanthropic organisation.
Foreign and Diaspora Affairs Cabinet Secretary Musalia Mudavadi has tabled a legal instrument before the National Assembly seeking approval of the Privileges and Immunities (Ford Foundation) Order, 2026.
If approved, it would grant the foundation protections similar to those enjoyed by other international organisations operating in Kenya.
The proposed order provides that the foundation’s director, officials and staff performing official duties in Kenya “shall have the privileges and immunities” provided under the law.
The agreement, which takes effect upon gazettement, will run for 10 years and may be renewed through mutual agreement between Kenya and the foundation.
Under the arrangement, the Ford Foundation’s property and assets would be protected from legal proceedings unless immunity is expressly waived. Its officials would also enjoy exemptions from certain taxes, customs duties, value-added tax (VAT) on goods and services imported for official use, and access to work permits.
President Willia Ruto after talks with Ford Foundation president Darren Walker in New York.
Photo credit: PCS
The privileges, however, would not cover claims arising from traffic offences, accidents, commercial transactions, civil and criminal actions, or employment disputes involving Kenyan citizens.
“The exemption shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of and working exclusively for the Foundation,” the legal notice states.
The move marks a significant shift from President William Ruto’s position in July 2024, when he accused the Ford Foundation of financing anti-government protests that rocked the country.
At the time, the President claimed the organisation was supporting “anarchy and chaos” and demanded that it explain its funding activities.
“I want to ask the Ford Foundation. What benefit do they get from funding chaos? If they are going to sponsor violence and anarchy, we will call them out. They either style up or leave,” President Ruto said.
However, two months later, the President changed tone after meeting Ford Foundation officials on the sidelines of the United Nations General Assembly (UNGA) in New York.
“Kenya appreciates the Ford Foundation’s commitment to safeguarding our democracy and supporting Kenya’s calls for reforms in the global economic institutions, climate action and modern technology regulation,” President Ruto said after the meeting in September 2024.
In a memorandum supporting the Host Country Agreement (HCA) between Kenya and the Ford Foundation, Mr Mudavadi described the organisation as an international philanthropic body with a role in advancing social justice and equitable development.
“The government of Kenya grants permission for the Ford Foundation to establish/strengthen its regional office in Nairobi,” Mr Mudavadi said, adding that the office would “facilitate philanthropic programmes, grant-making and partnerships to advance social justice and equitable development in Africa.”
The CS said the agreement followed consultations with the National Treasury, Office of the Attorney-General, Directorate of Immigration Services, Kenya Revenue Authority and the Judiciary.
The government argues that granting the privileges will strengthen Kenya’s position as a hub for philanthropic initiatives and international organisations while supporting programmes focused on civic space, democratic governance, economic inclusion, gender justice and human rights.
Ford Foundation President Darren Walker in Nairobi on February 14, 2024.
Photo credit: Francis Nderitu
“It provides an opportunity for Kenya to benefit from global philanthropic expertise and resources while reinforcing Nairobi’s status as a hub for international organisations and civil society initiatives,” the memorandum states.
The government also says the agreement will create employment and capacity-building opportunities for Kenyan professionals while increasing support for projects on democracy, inclusion and human rights.
The Ministry of Foreign and Diaspora Affairs will monitor the foundation’s activities in collaboration with relevant government agencies.
Mr Mudavadi said the foundation would be required to submit annual reports detailing its activities, as well as the names, addresses, employment dates and ranks of its staff.
The first report will be submitted within three months of signing the agreement, with subsequent reports due annually by December 31.
The proposed privileges are being granted under the Privileges and Immunities Act, which provides a legal framework for extending protections to international organisations and institutions partnering with Kenya.
The government says the Ford Foundation has operated in Kenya since 1963, when it established its East Africa office in Nairobi.
“The government of Kenya agrees to the establishment and strengthening of the regional office of the Ford Foundation for purposes of carrying out its activities in the Republic of Kenya and elsewhere in the African region,” the memorandum states.
Mr Mudavadi said the foundation was seeking to formalise and expand its regional operations in Nairobi to better serve East Africa and the wider continent.
The HCA between Kenya and the foundation was negotiated through an inter-ministerial process in 2025 and signed on March 13, 2026.
The government describes the Ford Foundation as “an independent international philanthropic organisation established in 1936 to advance human welfare, reduce inequality and promote social justice.”
The foundation, headquartered in New York, operates through regional offices and partner institutions to support civil society, democratic values and equitable development.
“Ford Foundation works to promote global cooperation and collaboration by bringing together governments, international organisations, the private sector, civil society and other stakeholders towards common goals of justice, inclusion and human rights,” Mr Mudavadi said.
The organisation provides grants and resources aimed at addressing inequality, strengthening civic space and supporting initiatives focused on social justice, including in Africa.
