The immunity, granted through a gazette notice on October 4, 2024, had earlier been defended by Prime Cabinet Secretary Musalia Mudavadi, who cited the foundation's 'significant' contributions to development as the basis for the special status.
However, on Monday morning, the court issued orders suspending the privileges pending the hearing and determination of a case filed by the Law Society of Kenya (LSK), which seeks to have the status declared null and void. The LSK has raised concerns over the legality of granting such privileges to a private entity.
The special status afforded the foundation's officials immunity and protection while conducting its operations in Kenya. The government's decision sparked public controversy and raised questions about power and accountability. Typically, such privileges are reserved for diplomatic missions.
While defending the government's decision earlier this month, Mudavadi insisted that the privileges were granted after careful consideration of the foundation's philanthropic contributions to Kenya.
'We take the concerns of our citizens seriously. I wish to clarify the rationale behind our decision: diplomatic privileges and immunities are tools, not trophies. They are meant to facilitate the seamless operation of organizations advancing the public good, much like the foundational principles of the Vienna Convention,' Mudavadi stated.
He further explained that the foundation, as a charitable trust addressing poverty, disease, and inequality in over 140 countries globally, qualified under Section 11 of the Privileges and Immunities Act to receive such benefits.
The Bill and Melinda Gates Foundation, one of the world's largest private philanthropic organizations, was founded in 2000 by Microsoft co-founder Bill Gates and his then-wife, Melinda French Gates. Its headquarters are based in Seattle, USA.
Wycliffe Nyamasege
