Gates Foundation’s charity work in Kenya continues despite diplomatic immunity setback
American business magnate Bill Gates.
The Gates Foundation and the Ministry of Foreign Affairs have mutually withdrawn from an agreement that granted the global organisation special diplomatic privileges and immunity.
However, this will not affect the organisation’s charity work in Kenya, Dr Paulin Basinga, the Gates Foundation’s Africa Director said on Tuesday.
Resulting from the mutual agreement, the Law Society of Kenya (LSK) is also mulling withdrawing a court case filed challenging the cooperation pact known as the Host Country Agreement.
When the case was called before Justice Bahati Mwamuye on Tuesday for hearing, State counsel Esther Kinyenje –Opiyo said the parties had met and agreed to have the legal dispute marked as settled.
This was based on the mutual agreement reached by the Gates Foundation and the government on ending the Host Country Agreement.
“The Gates Foundation and the Ministry of Foreign Affairs have mutually withdrawn from the Host Country Agreement. We met the LSK lawyer in our office and agreed that the petition can be marked as settled,” Ms Opiyo informed the court.
The judge further heard that the privileges and benefits given under the agreement also stood withdrawn.
Reacting to the move, Dr Paulin Basinga, Africa Director, Gates Foundation, stated that the organization was committed to building on the two decades of partnership with the people and communities of Kenya to advance health and economic opportunity.
“The legal case surrounding the Host Country Agreement has drawn attention away from our core mission. To maintain focus on our work and partnerships in Kenya, we will continue our branch office operations in the country but transition away from the Host Country Agreement,” said Dr Basinga.
He stated: “We are fully committed to Kenya, and we will continue our operations on the ground. Now more than ever, we look forward to focusing on the people and partners who drive this work, collaborating with our grantees to create lasting impact for a healthier, more prosperous Kenya and region”.
Justice Mwamuye granted the LSK and state counsels 21 days to formalize the withdrawal of the court case, file consent and return on May 26 to confirm the terms of settlement. The judge said it was in the public interest to allow the withdrawal of the legal dispute
Host Country Agreement between the Kenyan government and the Gates foundation was formalized in October 2024 under the Privileges and Immunities Order, 2024, to facilitate seamless operations of the organization’s charity programmes.
Foreign Affairs Cabinet Minister Musalia Mudavadi had explained that the Gates Foundation had met all the legal requirements to be conferred with the special status in view of its charitable works. He stated that the Host Country Agreement and the privileges associated with the same had been approved by the Cabinet.
“The privileges are not a blank cheque but a carefully calibrated mechanism to enable organizations like the Gates Foundation to deliver impactful programmes without bureaucratic hindrance,” he stated.