NAIROBI, Kenya, Nov 25 – The High Court has issued conservatory orders suspending the legal notice that granted the Bill and Melinda Gates Foundation diplomatic immunity and privileges under the Privileges and Immunities Act.
In his ruling, Justice Mwamuye ordered the immediate suspension of the legal notice pending the inter partes hearing and determination of the case.
“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,” read part of the ruling.
The judge further prohibited the Gates Foundation and its staff from enjoying any privileges or immunities under the Privileges and Immunities Act or the cooperation agreement with the Kenyan government until the matter is resolved.
Additionally, the court directed respondents, including the Ministry of Foreign Affairs and the State Law Office, to collect, preserve, and compile all documentation regarding the privileges granted to the Gates Foundation, including details of the cooperation agreement.
The matter is scheduled for mention on February 5, 2025, to review progress and set a hearing date for oral submissions on the petition.
