The Gates Foundation has formally withdrawn from its Host Country Agreement with Kenya, ending the diplomatic privileges it was accorded under the deal inked in October 2024.
The decision was announced on Tuesday amid an ongoing court case that has drawn considerable attention to the charitable organisation’s legal standing in the country.
Dr Paulin Basinga, the Foundation’s Africa Director, confirmed the development in a statement, describing the termination as a mutual agreement between the Foundation and the Kenyan government.
"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this morning, the court was informed that the Gates Foundation and the Ministry of Foreign Affairs have mutually withdrawn from the Host Country Agreement," Basinga stated.
The announcement came just hours after the High Court gave the government 21 days to present evidence confirming the withdrawal of the Foundation’s diplomatic immunity.
Read More
The court’s latest directive forms part of a wider legal dispute triggered by a petition filed by the Law Society of Kenya (LSK), which challenged the government’s decision to grant such privileges to a private philanthropic entity.
Justice Bahati Mwamuye had earlier issued conservatory orders, barring the Foundation and its representatives from enjoying any privileges and immunities under the Privileges and Immunities Act.
The orders temporarily halted the application of provisions that would have shielded the Foundation’s staff from legal proceedings, taxation, immigration restrictions, and even national service obligations.
The Host Country Agreement, which came into force in late 2024, had granted the Gates Foundation legal capacity to own property, sign contracts, and engage in litigation in Kenya, while also conferring diplomatic-like immunities on its employees.
The government, in its defence, maintained that the Foundation’s developmental contributions justified the accord, but LSK countered that granting diplomatic immunity to a private foreign organisation set a dangerous legal precedent.
Despite stepping back from the agreement, the Foundation reassured that its operations in Nairobi would proceed uninterrupted, signalling a continued commitment to its philanthropic work in Kenya, albeit under a different legal framework.
“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,” the statement read.
