The Gates Foundation, formerly known as the Bill & Melinda Gates Foundation, has declared its intention to withdraw from the Host Country Agreement with Kenya over a legal dispute.
Paulin Basinga, the Gates Foundation’s Africa Director, in a statement issued on Tuesday, April 8, 2025, said that the legal case surrounding the Host Country Agreement had drawn attention away from their core mission.
However, to maintain focus on their work and partnerships in Kenya, the organisation says it will continue with its branch office operations in the country but transition away from the Host Country Agreement.
Basinga further stated that the court had on Tuesday, April 8, been informed that the foundation and the Musalia Mudavadi-led Ministry of Foreign Affairs had agreed to mutually end the agreement.
“The Gates Foundation is committed to building on two decades of partnership with the people and communities of Kenya to advance health and economic opportunity. 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. 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this morning, the court was informed that the Gates Foundation and the Ministry of Foreign Affairs have mutually withdrawn from the Host Country Agreement,” the statement read in part.
Gates Foundation’s privileges revoked
The decision follows a November 2024 High Court decision that revoked the foundation’s prior privileges and immunities under Kenya’s Privileges and Immunities Act.
Through a legal notice issued in September 2024, the foundation had been granted diplomatic-like advantages, such as the capacity to sign contracts, buy and sell property, and defend legal actions in Kenya.
The foundation has, however, committed to continuing their operations in the country with the focus turning to the people and partners.
“We are fully committed to Kenya, and we will continue our operations on the ground. Now more than ever, we look forward to focusing on the people and partners who drive this work, collaborating with our grantees to create lasting impact for a healthier, more prosperous Kenya and region,” the foundation stated.
Following the decision, the High Court has issued a 21-day ultimatum to the government to provide evidence of the withdrawal of diplomatic immunity offered to the foundation.
The court had in 2024 issued conservatory orders suspending the Gazette Notice that had granted special privileges and immunity to the foundation, pending the hearing and determination of the case filed by the Law Society of Kenya (LSK).
Govt’s defence
Mudavadi had, however, defended the government’s decision to enter into such an agreement.
Speaking during the official opening of the foundation’s Nairobi sub-regional office on November 15, 2024, Mudavadi clarified that the privileges and immunities were meant to facilitate the seamless operation of international organisations.
According to the Prime Cabinet Secretary, the privileges and immunities were geared towards impactful programmes in the country.
Mudavadi said that the foundation had met legal requirements and its Host Country Agreement and that the privileges associated with it had been approved by the Cabinet.