The Gates Foundation has withdrawn from the Host Country Agreement with Kenya after uproar and legal hurdles.
In a statement, Gates Foundation Africa Director Dr Paulin Basinga confirmed the withdrawal of the Host Country Agreement with Kenya.
Dr Pasinga cited the ongoing legal case surrounding the Host Country Agreement, stating that it has drawn attention away from their core mission.
Statement by The Gates Foundation:
“The Gates Foundation is committed to building on 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.
During the court proceedings this morning, the court was informed that the Gates Foundation and the Ministry of Foreign Affairs have mutually withdrawn from the Host Country Agreement.
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.”
The High Court has, however, issued fresh orders over the decision by the government to grant special privileges and immunity to The Gates Foundation, formerly known as The Bill and Melinda Gates Foundation.
In a ruling on Tuesday, April 8, 2025, the High Court issued a 21-day ultimatum to the government to provide evidence of withdrawal of diplomatic immunity offered to the foundation.
The fresh orders come after the court, in 2024, issued conservatory orders suspending the Gazette Notice that had granted special privileges and immunity to the foundation, pending the hearing and determination of the case filed by the Law Society of Kenya (LSK).
The Gates Foundation is chaired by US Billionaire businessman and Microsoft founder Bill Gates, who also doubles up as a philanthropist.
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Kenya granted the American foundation a special status through a legal notice number 157 of October 4, 2024, by Prime Cabinet Secretary (PCS) Musalia Mudavadi.
Court ruling
Justice Bahati Mwamuye had, in a November 25, 2024, ruling ordered the suspension and prohibited any members of the foundation from continuing to enjoy any privileges and immunities.
The order was directed to the foundation’s staff, agents, officers and directors.
“The 1st Respondent and its Directors, Officers, Staff, and Agents acting under its authority from enjoying or continuing to enjoy any privileges and immunities under the Privileges and Immunities Act (Chapter 179 of the Laws of Kenya),” read part of the ruling.
“Or the Cooperation Agreement between the 1st Respondent and the Government of the Republic of Kenya referred to in Paragraph 2 of the impugned Order.”
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Also, the judge directed the Attorney General and Mudavadi to collect and preserve all documentation related to the privileges granted to the foundation, to be included in their court responses.
The PCS had in the legal notice exercised the powers conferred by section I of the Privileges and Immunities Act to confer special status on The Gates Foundation, in turn granting a raft of special diplomatic privileges and immunity to its expatriates.
Govt issues clarification
However, Mudavadi while speaking during the official opening of the foundation’s Nairobi Sub-Regional office on November 15, clarified that the privileges and immunities are meant to facilitate seamless operation of international organizations.
He explained the Privileges and Immunities, saying that it is geared towards impactful programs in the country.
Mudavadi said that the foundation has met legal requirements and its Host Country Agreement and that the privileges associated with it have been approved by the Cabinet.
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