The Gates Foundation (formerly the Bill & Melinda Gates Foundation) has announced its withdrawal from a controversial Host Country Agreement with Kenya that granted it diplomatic privileges and immunities.
This decision follows legal challenges and public scrutiny that began after the agreement was formalized through Legal Notice 157 of 2024, published in the Kenya Gazette on October 18, 2024, and commenced on October 4, 2024.
In June 2024, President William Ruto’s cabinet approved the establishment of the Gates Foundation’s operations in Kenya, citing its potential to support the administration’s healthcare goals and incentivize investment.
This decision was followed by the Kenyan government granting the Foundation special status under the Privileges and Immunities Act in October 2024, affording its expatriate staff legal protections typically reserved for diplomats.
This move sparked an immediate backlash, with critics, including the Law Society of Kenya (LSK), questioning why a philanthropic organization required such immunity. The LSK challenged the decision in court, arguing that the foundation did not qualify for these privileges under Kenyan law.
In December 2024, the High Court issued a conservatory order, temporarily suspending the agreement and the special privileges and immunities status granted to the Foundation pending further review of the LSK’s case.
Justice Bahati Mwamuye issued orders preventing the foundation from enjoying these privileges while the case was ongoing.
On April 8, 2025, Dr. Paulin Basinga, Africa Director of the Gates Foundation, confirmed the organization would transition away from the Host Country Agreement while maintaining its branch office operations in Kenya.
He stated, “To maintain focus on our work and partnerships in Kenya, we will continue our branch office operations but transition away from the Host Country Agreement.”
This decision follows a recent High Court directive giving the Kenyan government 21 days to provide evidence of the agreement’s withdrawal.
The foundation and the Ministry of Foreign Affairs mutually agreed to terminate the pact, effectively ending the diplomatic privileges granted to its staff.
