The Bill & Melinda Gates Foundation has officially withdrawn from the Host Country Agreement (HCA) it signed with the Government of Kenya, citing an ongoing court case that has overshadowed its core mission in the country.
In a statement released on Tuesday, April 8, the foundation said that the legal battle had shifted public and media focus away from its development goals and partnerships. As a result, the foundation and Kenya’s Ministry of Foreign Affairs have mutually agreed to terminate the agreement.
“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,” read part of the official statement.
The decision was also conveyed during a court session on the same day, with both parties confirming the mutual withdrawal.
Controversy Over Diplomatic and Tax Immunities
The HCA had come under intense scrutiny from civil society and legal experts due to provisions granting diplomatic and tax immunity to the foundation and its employees. Critics questioned the appropriateness of these privileges for a private organization.
However, the Kenyan government defended the move, arguing that such immunities are essential for facilitating the seamless execution of programs aligned with public welfare.
“Diplomatic privileges and immunities are tools, not trophies. They are meant to facilitate the seamless operation of organizations that advance public good,” said Prime Cabinet Secretary Musalia Mudavadi in a 2024 statement.
“These privileges are not a blank cheque but a carefully calibrated mechanism to enable organizations like the Gates Foundation to deliver impactful programs without bureaucratic hindrance,” he added.
Court Intervention and Legal Challenge
In November 2024, the High Court of Kenya temporarily suspended the Host Country Agreement following a petition filed by the Law Society of Kenya (LSK). The court cited the need to thoroughly examine the legality and implications of granting such privileges to a private foreign entity.
Despite the withdrawal, the Gates Foundation has reaffirmed its commitment to continue its operations in Kenya through its existing branch office, pledging to uphold its support for health, education, agriculture, and other development programs in the country.
