The High Court Monday issued orders suspending the privileges and immunities granted to the Bill and Melinda Gates Foundation under a legal notice issued by the government earlier this year.
High Court judge Justice Bahati Mwamuye, temporarily suspended the privileges following a petition filed by the Law Society of Kenya (LSK), challenging the legality and implications of the special status granted to the global philanthropic organization.
The judge ordered that pending hearing and determination of the case, the privileges and immunities granted to the foundation under the Privileges and Immunities Act and a Cooperation Agreement with the government be temporarily halted.
“Pending the inter partes hearing and determination of the Application dated 22/11/2024, the Respondents, jointly and several are ordered to collect preserve, and collate all documentation and information concerning any privileges and immunities applied for by the 1st Respondent or granted to the 1st Respondent pursuant to the provisions of the Privileges and Immunities Act and/or the Cooperation Agreement between the 1st Respondent and the Government of the Republic of Kenya referred to in Paragraph 2 of the impugned Order; and shall annex or include or articulate the same within their respective responses under (5) below,” ruled Mwamuye.
The lawyers’ body while challenging the government’s move to grant Bill and Melinda Gates Foundation immunity in the country argued that it should be declared null and void.
The privileges are given to the non-humanitarian organisation.
Through a Gazette Notice dated October 4, 2024, the government announced that the foundation would enjoy certain privileges and immunities in the country.
“The Bill and Melinda Gates Foundation, in this Order referred to as “the Foundation”, being a charitable trust established to fight poverty, disease and inequality in over one hundred and forty countries globally, and with which the Government of Kenya has entered into an agreement for cooperation, is hereby declared to be an organisation to which section 11 of the Act shall apply,” read the notice.
The court has ordered the Respondents, including the Cabinet Secretary for Foreign and Diaspora Affairs and the Foundation, to submit all relevant documentation regarding the privileges and immunities by December 10, 2024.
Additionally, the Foundation has been prohibited from enjoying or continuing to enjoy any of the contested privileges during the interim period.
“Pending the inter partes hearing and determination of the Application dated 22/11/2024, a conservatory order be and is hereby issued prohibiting the 1st Respondent and its Directors, Officers, Staff, and Agents acting under its authority from enjoying or continuing to enjoy any privileges and immunities under the Privileges and Immunities Act [Chapter 179 of the Laws of Kenya] or the Cooperation Agreement between the 1st Respondent and the Government of the Republic of Kenya referred to in Paragraph 2 of the impugned Order,”
Mwamuye further ordered the petition and associated documents be served to all respondents by November 26, 2024, with written submissions from both sides due in January 2025.
The case will be mentioned on February 5, 2025, to confirm compliance and set a date for further proceedings.
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