The Gates Foundation, formerly known as the Bill and Melinda Gates Foundation, on Tuesday, April 8, announced its withdrawal from its host country agreement with Kenya that had granted it diplomatic immunity.
In a statement dated Tuesday, April 8, the foundation explained that the move had been informed by the court case that was challenging the agreement.
The Gates Foundation explained that the case had drawn attention to the deal rather than the core mandate and initiatives it wanted to accomplish.
However, the foundation explained that they would continue to operate as a branch.
“The legal case surrounding the Host Country Agreement has drawn attention away from our core mission. To maintain focus on our work and partnerships in Kenya, we will continue our branch office operations in the country but transition away from the Host Country Agreement,” read the statement in part.
“During the court proceedings this morning, the court was informed that the Gates Foundation and the Ministry of Foreign Affairs have mutually withdrawn from the Host Country Agreement.”
The host country agreement had drawn criticism from Kenyans given the diplomatic and tax immunity that was included in part of the agreement.
According to the government led by President William Ruto, the immunity was granted to the foundation to facilitate its workers in seamlessly implementing their projects in Kenya.
“Diplomatic privileges and immunities are tools, not trophies. They are meant to facilitate the seamless operation of organizations that advance public good, much like the foundational principles of the Vienna Convention,” Prime CS Musalia Mudavadi explained in 2024.
“These privileges are not a blank cheque but a carefully calibrated mechanism to enable organizations like the Gates Foundation to deliver impactful programs without bureaucratic hindrance.”
Notably, in November 2024, the High Court suspended the agreement following a case filed by the Law Society of Kenya.
