The High Court has suspended privileges and immunities granted to the Bill & Melinda Gates Foundation by the government, pending a full hearing of the matter.

Justice Bahati Mwamuye issued the orders on Monday at the Milimani Law Courts following a petition filed by the Law Society of Kenya (LSK).

The privileges were granted through the Privileges and Immunities (Bill and Melinda Gates Foundation) Order, 2024, published in the Kenya Gazette on October 4, 2024.

The petition, supported by an affidavit from LSK Chief Executive Officer Florence W. Muturi, challenges the legality of the order, which was issued under the hand of the Cabinet Secretary for Foreign and Diaspora Affairs.

“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,” Justice Mwamuye directed.

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Additionally, the court prohibited the Foundation and its agents from enjoying any privileges or immunities under the disputed order or the Privileges and Immunities Act.

The Respondents were also ordered to collect and preserve all documentation regarding the privileges granted and include them in their responses to the petition.

The court has laid out strict timelines for the case. The Petitioner is required to serve the application and petition by Wednesday, with responses from the Respondents due by December 10, 2024.

Any rejoinder by the Petitioner must be filed by December 20, 2024. Written submissions will follow, with the court scheduled to mention the case on February 5, 2025, to confirm compliance and set a priority hearing date.

The order concluded with a penal notice warning all parties that failure to comply would attract penalties.

“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,” it read.

The case marks a pivotal moment in evaluating the government’s agreements with international organisations and their implications for Kenyan law.