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The Gates Foundation has announced its decision to withdraw from its Host Country Agreement (HCA) with the Government of Kenya, following a legal challenge that raised concerns over the foundation’s legal privileges in the country.
A Host Country Agreement is a formal arrangement between an international organisation and a host country, providing the organisation with certain legal privileges.
While such agreements are typically extended to intergovernmental organizations like the UN or World Bank, they are rare for private foundations.
In November 2024, the High Court of Kenya ruled to suspend the privileges granted to the Gates Foundation.
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The Law Society of Kenya (LSK) had contested the agreement, arguing that it provided the foundation, a private philanthropic organization, with diplomatic-style immunities, effectively shielding it from Kenyan domestic laws.
Justice Bahati Mwamuye issued conservatory orders halting the implementation of the agreement, pending further review.
The court also directed the Ministry of Foreign and Diaspora Affairs to submit all documentation related to the agreement for further scrutiny.
Foundation's Response
In response to the court proceedings, Dr. Paulin Basinga, Africa Director at the Gates Foundation, confirmed that both the foundation and Kenya’s Ministry of Foreign Affairs had mutually agreed to withdraw from the HCA.
“We remain deeply committed to our work in Kenya,” Dr. Basinga said in a statement.
“While we will continue our branch office operations in the country, we will transition away from the Host Country Agreement to refocus on our partnerships and initiatives.”
Dr. Basinga noted that the ongoing legal challenges had diverted attention from the foundation’s core mission.
Privileges and immunities granted to Gates Foundation
The Gates Foundation had been granted a range of privileges and immunities to ensure its staff could carry out their mission without interference from local laws.
The order, which came into effect on October 4, 2024, granted the Foundation and its employees a series of important exemptions, including immunity from taxation, legal jurisdiction, and customs duties.
Gates Foundation's Commitment to Kenya
Despite stepping back from the agreement, the Gates Foundation has reaffirmed its long-term commitment to supporting development in Kenya.
Over the past two decades, the foundation has funded a wide range of programs in Kenya, including those focused on healthcare access, agricultural development, gender equality, and digital financial inclusion.
Key initiatives have included supporting the expansion of life-saving vaccines, funding family planning programs, and partnering with local innovators to enhance food security.