The High Court of Kenya has issued a conservatory order suspending the Privileges and Immunities (Bill and Melinda Gates Foundation) Order 2024.
This order, which was published in Legal Notice No. 157 on September 19, 2024, granted the foundation certain privileges and immunities under the Privileges and Immunities Act.
The court’s decision follows a petition filed by the Law Society of Kenya, which raised concerns over the legal implications of granting such privileges to a foreign entity.
Gachagua and Mudavadi
In his ruling, Justice Bahati Mwamuye instructed that the privileges and immunities outlined in the order be temporarily halted.
The decision mandates that the first respondent, along with its directors and affiliated institutions, refrain from enjoying the benefits provided by the controversial order.
The court has also set a deadline of December 10, 2024, for the respondents to file their responses to the petition.
The case will return to court for further mention on December 12, 2024, to assess compliance with the order and determine the next steps.
This ruling comes amid growing public debate over the treatment of international organizations in Kenya.
A few weeks ago, Prime Cabinet Secretary Musalia Mudavadi defended the privileges granted to the Bill and Melinda Gates Foundation, explaining that such immunities were meant to facilitate the seamless operation of organizations working towards the country’s development.
Mudavadi emphasized that the Gates Foundation had met the legal requirements for such treatment and that these privileges were intended to support impactful programs in sectors like health, agriculture, and gender equality.
His remarks were made during the official opening of the Gates Foundation’s Nairobi office.
The court’s suspension of these privileges highlights the ongoing tension between facilitating foreign investment and ensuring accountability for international organizations operating in Kenya.
