The Gates Foundation (formerly Bill & Melinda Foundation) has announced its withdrawal from a controversial Host Country Agreement with Kenya that granted it diplomatic privileges and immunities, following months of legal challenges and public scrutiny.
- •In October 2024, Kenya’s government granted the Gates Foundation special status under the Privileges and Immunities Act, affording its expatriate staff legal protections typically reserved for diplomats.
- •The move sparked immediate backlash, with critics questioning why a philanthropic organization required immunity from legal action.
- •The Law Society of Kenya (LSK) challenged the decision in court, arguing that the foundation did not qualify for such privileges under Kenyan law.
In December 2024, the High Court issued a conservatory order suspending the agreement pending further review.
On April 8 2025, Dr. Paulin Basinga, Africa Director of the Gates Foundation, confirmed that the organization would transition away from the Host Country Agreement, though it will maintain its branch office operations in Kenya.
“To maintain focus on our work and partnerships in Kenya, we will continue our branch office operations but transition away from the Host Country Agreement,” Basinga stated.
The decision follows a High Court directive giving the Kenyan government 21 days to provide evidence of the agreement’s withdrawal. The foundation and the Ministry of Foreign Affairs mutually agreed to terminate the pact, effectively ending the diplomatic privileges granted to its staff.
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