Gates Foundation Withdraws from Agreement With Kenya That Granted It Diplomatic Immunity

The Bill & Melinda Gates Foundation has announced its decision to transition away from a Host Country Agreement with the Kenyan government, effectively ending an arrangement that had previously granted the organization special status including diplomatic immunity.

The move follows a legal dispute that the foundation says has distracted from its mission to improve health and economic opportunities in the country.

In a press statement released today, Dr. Paulin Basinga, the Gates Foundation’s Africa Director, emphasized the organization’s unwavering commitment to Kenya despite the shift.

“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,” Dr. Basinga said.

“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.”

The decision was formalized during court proceedings earlier today, where both the Gates Foundation and Kenya’s Ministry of Foreign Affairs informed the court of their mutual withdrawal from the agreement.

Meanwhile, the High Court has issued a 21-day ultimatum to the government to provide evidence of withdrawal of diplomatic immunity offered to The Gates Foundation.

The Host Country Agreement, a type of bilateral arrangement often used by international organizations, typically provides privileges such as tax exemptions and immunity from certain local laws—benefits akin to those afforded to diplomatic missions. Critics of such agreements have argued that they can shield organizations from accountability, while supporters say they facilitate the efficient operation of global entities working in public interest areas like health and development.

Operations in Kenya to continue 

Despite stepping back from the agreement, the Gates Foundation assured stakeholders that its operations in Kenya will continue uninterrupted. “We are fully committed to Kenya, and we will continue our operations on the ground,” Dr. Basinga stated. “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 Gates Foundation is chaired by US Billionaire businessman and Microsoft founder Bill Gates, who also doubles up as a philanthropist.

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.

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.

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.

The Gates Foundation has been active in Kenya for over 20 years, supporting initiatives in healthcare, agriculture, and poverty reduction. Its work has included funding for disease prevention programs, such as malaria and HIV/AIDS interventions, as well as efforts to improve maternal and child health. The organization’s decision to maintain its presence without the diplomatic framework suggests a strategic pivot to preserve its partnerships and impact amid changing circumstances.