The High Court in Nairobi has issued orders suspending the Privileges and Immunities granted to Bill and Melinda Gates Foundation during their activities in Kenya.
Justice Bahati Namuye prohibited the foundation, its Directors, officers, staff and agents acting under its authority from enjoying or continuing to enjoy any privileges and immunities under the Privileges and Immunities Act [Chapter 179 of the Laws of Kenya] or the Cooperation Agreement between them and the Government referred to in the impugned order.
The said impugned order was given and notified as Legal Notice No. 157 made on 19th September 2024 under the hand of the Cabinet Secretary for Foreign and Diaspora Affairs, and published in the Special Issue of the Kenya Gazette Supplement No. 181 dated 4th October 2024.
This comes after Law Society of Kenya (LSK) filed an application seeking to suspend move by government to grant Bill and Melinda Gates Foundation immunity during the foundation activities in the country.
LSK argued that the move by the government amounts to constitutional violations and a threat to national security.
“The acts of the Gates foundation and CS Foreign and Diaspora Affairs poses direct threat to national security as privileges enjoyed under the Privileges and Immunities Act creates an organisation immune to National Security operations.
The lawyers body further argued that the blatant gazettement of the Gates and Melinda Gates Foundation as an organization with privileges under the Privileges and Immunities Act would lead to the proverbial “opening of the can of worms” with citizenry on which organizations are entitled to such status, who would be gazetted next and granted privileges under the Privileges and Immunities Act.
The court heard that the Foreign and Diaspora Affairs violated numerous provisions of the Constitution and the law in establishing the Gates foundation as an organization with Consular status and one entitled to enjoy privileges under the Privileges and Immunities Act.
