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The High Court Monday, November 25 temporarily suspended the special privileges and immunities granted to the Bill and Melinda Gates Foundation in Kenya, a move that stirred a heated legal battle initiated by the Law Society of Kenya (LSK). The ruling, issued by Justice Bahati Mwamuye, effectively bars the foundation from enjoying these perks until the case is heard and determined.
At the heart of the dispute lies a Gazette Notice dated October 4, 2024, in which the Kenyan government granted the foundation a unique status under section 11 of the Privileges and Immunities Act. This legal provision typically accords immunities to international organizations, enabling them to operate with minimal interference in host countries. However, LSK has challenged the decision, arguing that it is unlawful and should be revoked.
According to the Gazette Notice, the Bill and Melinda Gates Foundation, described as a charitable trust committed to addressing poverty, disease, and inequality in over 140 countries, had entered into a cooperation agreement with the Kenyan government. This agreement conferred privileges, including immunity from certain taxes and legal processes, a status usually reserved for humanitarian organizations or intergovernmental entities.
LSK, however, contends that the foundation, while globally recognized for its philanthropic work, does not qualify for such privileges in Kenya. The lawyers’ body asserts that granting these immunities undermines principles of accountability and transparency. They have called for the move to be declared null and void, arguing that private charitable entities should not enjoy the same benefits as intergovernmental organizations like the United Nations.
“This decision raises fundamental questions about the application of the Privileges and Immunities Act,” LSK stated in their court filings. “It sets a dangerous precedent by blurring the lines between governmental obligations to international bodies and private organizations.”
The High Court’s ruling temporarily curtails the foundation’s privileges, ensuring the matter undergoes judicial scrutiny. The Bill and Melinda Gates Foundation has not publicly commented on the case
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