The Bill and Melinda Gates Foundation has faced a major blow after the High Court suspended its privileges and immunities under the Privileges and Immunities Act.
The court’s decision came after a petition filed by the Law Society of Kenya (LSK), which challenged the government’s decision to grant the foundation exemptions usually reserved for diplomatic missions and international organizations.
Justice Bahati Mwamuye issued an order suspending the privileges granted to the foundation in Legal Notice No. 157, pending a full hearing of the case.
The foundation had been enjoying legal protections typically afforded to recognized NGOs, including immunity from local laws.
LSK argued that the privileges allowed the foundation to operate without sufficient oversight, particularly in its financial dealings and influence on Kenyan public policy.
The petition also questioned the legality of the Gazette Notice, suggesting that it contradicted public interest and constitutional principles.
CS Musalia Mudavadi defended the privileges, stating that they were necessary to allow the foundation to continue its significant contributions to Kenya’s development without bureaucratic obstacles.
However, LSK argued that the foundation, being a private entity, should not be granted immunity under Kenyan law, especially since it is not a party to the Vienna Convention.
The case, which raises concerns about national security and the potential for other organizations to seek similar privileges, will return to court on February 5, 2025, for pretrial directions.
