Monday, November 25, 2024 - A High Court sitting in Nairobi has issued a conservatory order suspending immunity and privileges granted to the Bill and Melinda Gates Foundation.
In the order issued on Monday,
November 25, Justice Bahati Mwamuye prohibited the Foundation alongside its
officials including directors from enjoying any privileges and immunities under
the Privileges and Immunities Act.
"Pending the inter partes
hearing and determination of the Application dated 22/11/2024, a conservatory
order be and is hereby issued suspending the Privileges and Immunities (Bill
and Melinda Gates Foundation) Order, 2024, given and notified as Legal Notice
No. 157 made on 19/09/2024 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 04/10/2024 at 2941," part of the verdict read.
It added, "Pending the
inter partes hearing and determination of the Application dated 22/11/2024, a
conservatory order be and is hereby issued prohibiting the 1st Respondent and
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 the 1st Respondent and the Government of the
Republic of Kenya referred to in Paragraph 2 of the impugned Order."
Last month, the government
granted the Bill and Melinda Gates Foundation special privileges and
immunities, recognizing it as a charitable trust under the Privileges and
Immunities Act.
This status would allow the
Foundation to engage in contracts, manage property, and defend legal actions,
similar to diplomatic entities.
Non-Kenyan staff would enjoy
legal immunities and tax exemptions while performing their duties in the
country, although these benefits do not extend to local citizens unless they
are exclusively employed by the Foundation.
The Kenyan DAILY POST
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