Kenya’s High Court has temporarily suspended diplomatic immunity for the Gates Foundation. The move follows the Law Society of Kenya filing a challenge against the government for granting immunity to the Foundation.
Immunity has been suspended until at least February 5, 2025.
“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,” Justice Bahati Mwamuye’s order reads.
The court directed respondents to “collect, preserve, and compile all documentation regarding the privileges granted to the Gates Foundation, including details of the cooperation agreement,” Capital Business reported.
According to The Eastleigh Voice, the Gates Foundation has until December 10 to submit responses.
Kenya granted the Gates Foundation diplomatic immunity in October, which allowed the Foundation to be exempt from legal action for acts performed in its official duties.
According to a legal document, the Foundation may “enter into contracts,” “institute and defend legal proceedings,” and “acquire, hold or dispose of movable and immovable property in accordance with the laws of the Republic of Kenya.”
According to the Law Society of Kenya’s legal challenge, the diplomatic immunity granted to the Foundation should be declared “null and void,” The Eastleigh Voice noted.
