Gates Foundation Ends Kenya Deal Amid Immunity Backlash

• Apr 08, 2025

The Gates Foundation has officially withdrawn from a host country agreement it had signed with the Kenyan government, following growing public criticism and a court case challenging the deal. The decision, announced on Tuesday, April 8, comes amid concerns raised by Kenyans over the diplomatic and tax immunity granted to the foundation as part of the agreement.

In its statement, the foundation said the legal challenge had shifted focus away from its development work and core mission in Kenya. “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,” the statement read.

During a court session on Tuesday, it was officially confirmed that both the Gates Foundation and Kenya’s Ministry of Foreign Affairs had mutually agreed to withdraw from the agreement. Despite this move, the foundation reiterated its commitment to continuing operations in the country as a regular branch, without the special privileges that came with the deal.

The agreement, which had been signed with much fanfare, had quickly become controversial due to the inclusion of diplomatic immunity for the foundation and its staff. Critics argued that such privileges were excessive and could undermine legal accountability.

The Kenyan government, however, had defended the agreement. President William Ruto’s administration claimed the immunities were necessary to help the foundation implement its development programs smoothly. Prime Cabinet Secretary Musalia Mudavadi stated in 2024 that such arrangements were standard practice and intended to support non-profit organizations working for the public good.

“Diplomatic privileges and immunities are tools, not trophies. They are meant to facilitate the seamless operation of organizations that advance public good,” Mudavadi said, referencing the Vienna Convention.

Nonetheless, in November 2024, the High Court temporarily suspended the agreement following a case filed by the Law Society of Kenya, further complicating the foundation’s legal standing in the country.

With the agreement now officially withdrawn, the Gates Foundation will continue to operate in Kenya, but without the legal immunities that had drawn public and legal scrutiny.