Gates Foundation withdraws Host Country Agreement with Kenya, cites court case

The Gates Foundation Africa Director Paulin Basinga/ GATES FOUNDATION COURTESY

The Gates Foundation has announced it has pulled out from its host country agreement with Kenya, attributing its decision to the legal case surrounding it.

This comes months after the High Court issued a conservatory order temporarily suspending the privileges and immunities granted to the Bill and Melinda Gates Foundation under the Kenya’s Privileges and Immunities Act pending the hearing and determination of the application filed by the Law Society of Kenya (LSK).

The foundation’s Africa Director Paulin Basinga, said the court case deviated the attention from the core mission of the group, necessitating it to withdraw from the agreement.

“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,” Paulin said.

The director added that the court was informed of a mutual withdrawal from the foundation and the Ministry of Foreign Affairs.

He, however, reaffirmed the foundation’s commitment to building on two decades of partnership with the people and communities of Kenya to advance various opportunities in health and economy.

“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,” he said.

The legal notice, signed by the then Foreign and Diaspora Affairs Cabinet Secretary Musalia Mudavadi on September 19, 2024, granted the Foundation exemptions typically reserved for diplomatic missions and international organizations.

 Mudavadi defended the decision adding that the Gates Foundation had met legal requirements and its host country agreement and the privileges associated with it had been approved by the Cabinet, giving leeway for the foundation to facilitate seamless operation geared towards impactful programs in Kenya.

LSK, however, contested the legal validity of the Gazette Notice, arguing that it undermines public interest and constitutional principles.