Gates Foundation Pulls Out Of Agreement With Kenya That Gave It Special Privileges
The Foundation cited the ongoing court case as a key factor behind the joint decision with the Kenyan government to terminate the agreement.
Viral Tea Ke Writer 
The Gates Foundation, formerly known as The Bill & Melinda Gates Foundation, on Tuesday, April 8, announced that it had withdrawn from its host country agreement with Kenya, one that gave it a special status through a legal notice number 157 of October 4, 2024.
In a statement by Dr. Paulin Basinga, its Africa Director, the Foundation cited the ongoing court case as a key factor behind the joint decision with the Kenyan government to terminate the agreement. However, Basinga affirmed that the organisation’s operations at its Nairobi office would continue as usual, noting that the court had been informed of the recent developments.
"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," read the statement in part.
President William Ruto hosts Bill Gates at State House on November 16, 2022. /WILLIAM RUTO
"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this morning, the court was informed that the Gates Foundation and the Ministry of Foreign Affairs have mutually withdrawn from the Host Country Agreement."
The host country agreement faced backlash from Kenyans due to provisions granting diplomatic and tax immunity.
This decision was made public through a gazetted legal notice by Prime Cabinet Secretary Musalia Mudavadi, also the Cabinet Secretary for Foreign and Diaspora Affairs and Acting Interior Cabinet Secretary, under the Privileges and Immunities Act.
Speaking during the official opening of The Gates Foundation, Nairobi Sub-Regional office on Friday, November 15, 2024, the PCS clarified that the privileges and immunities are meant to facilitate the seamless operation of international organizations.
He explained the Privileges and Immunities, saying that it is geared towards impactful programs in the country. Mudavadi went on to reveal 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.
“We take the concerns of our citizens seriously. I wish to clarify with utmost respect the rationale behind our decision. Diplomatic privileges and immunities are tools, not trophies.
"They are meant to facilitate the seamless operation of organizations that advance public good, much like the foundational principles of the Vienna Convention,” said Mudavadi.
The order recognised the Bill and Melinda Gates Foundation as an international organisation in Kenya, allowing it to operate with certain rights typically granted to diplomatic entities.
A quasi-diplomatic entity refers to an organisation, institution, or entity that operates like a diplomatic mission but does not have the full official status of a recognised embassy or consulate. This includes the ability to enter into contracts, defend itself in legal proceedings, and manage property in the country according to Kenyan laws.
The order also provides specific privileges to the Foundation’s officials and staff who are non-citizens or non-residents of Kenya. The order had seen these individuals enjoy immunity from certain legal actions and tax exemptions on duties performed for the Foundation while stationed in Kenya.
However, these immunities are not extended to Kenyan citizens or residents unless they are solely employed by the Foundation.
PCS Musalia Mudavadi during the official opening of The Gates Foundation, Nairobi Sub-Regional office. /MUSALIA MUDAVADI
