NAIROBI, Kenya- In a groundbreaking legal move, the Kenyan High Court has halted a controversial government decision granting the Bill and Melinda Gates Foundation diplomatic immunity and privileges under the Privileges and Immunities Act.
The court’s temporary order pauses the foundation’s access to these benefits while a deeper review of the case unfolds.
Justice Mwamuye’s ruling, issued on Monday, serves as a critical checkpoint in the ongoing legal tussle.
The decision immediately suspends the implementation of the legal notice, setting the stage for further arguments and evidence to be presented.
Justice Mwamuye’s ruling directly prohibits the Gates Foundation and its staff from accessing or benefiting from privileges typically reserved for diplomatic entities.
This includes any immunities under the Privileges and Immunities Act and specific terms outlined in a cooperation agreement between the foundation and the Kenyan government.
“A conservatory order is hereby issued prohibiting the 1st Respondent from enjoying or continuing to enjoy any privileges and immunities,” stated Justice Mwamuye in part of the ruling.
The suspension is far from a mere formality—it underscores the judiciary’s commitment to thoroughly assess whether such privileges align with Kenya’s laws and sovereignty.
The court has gone a step further, instructing key government players—the Ministry of Foreign Affairs and the State Law Office—to retrieve and preserve all documentation related to the disputed privileges.
This includes the detailed cooperation agreement that initially allowed the Gates Foundation to operate under immunity.
Such directives suggest that the judiciary is intent on untangling the complex web of agreements that underpin the foundation’s operations in Kenya. This move could also set a precedent for how similar arrangements are evaluated in the future.
The case will next appear in court on February 5, 2025, for a mention to review progress and schedule a date for oral submissions.
This ruling is a litmus test for the balance between foreign partnerships and national sovereignty.