The High Court of Kenya has temporarily suspended the special privileges and immunities that were granted to the Bill and Melinda Gates Foundation under the Privileges and Immunities Act.
The court has mandated that all respondents involved in this matter file their responses by December 10, 2024.
This decision comes in response to a case filed by the Law Society of Kenya (LSK), which argues that the government’s decision to grant such status is legally questionable and undermines public interest.
In a petition filed by the Law Society of Kenya wherein I was instructed, the High Court has today issued conservatory orders suspending the Gazette Notice granting the Bill and Melinda Gates Foundation, Privileges & Immunities as provided for under the Privileges and Immunities… pic.twitter.com/OKWtD7aarJ
— Lead Counsel (@advabner) November 25, 2024
Background of the Case
The privileges in question were officially conferred upon the Bill and Melinda Gates Foundation through a Gazette Notice published on October 4, 2024.
This notice recognized the foundation as a charitable trust engaged in humanitarian efforts across over 140 countries, including Kenya. It stated that the foundation would enjoy certain legal protections and immunities, typically reserved for diplomatic missions and international organizations.
“The Bill and Melinda Gates Foundation, in this Order referred to as “the Foundation”, being a charitable trust established to fight poverty, disease and inequality in over one hundred and forty countries globally, and with which the Government of Kenya has entered into an agreement for cooperation, is hereby declared to be an organisation to which section 11 of the Act shall apply,” read the notice.
However, the Law Society of Kenya (LSK) has contested this move, asserting that it should be declared null and void.
They argue that granting such privileges to a non-humanitarian organization like the Gates Foundation raises serious concerns about accountability and transparency in governance.
The LSK’s legal challenge reflects broader apprehensions regarding foreign influence in Kenyan affairs, particularly when it comes to issues of public health and development.
