Kenya sued at East African Court over Bill Gates Foundation immunities
By Mwangi Maina |
They argue that the government has failed to ensure transparency, public participation, and accountability in granting immunities.
Kenya is facing legal action at the East African Court of Justice in Tanzania over immunities granted to the Bill and Melinda Gates Foundation.
The case, filed on November 28, 2024, has been brought by Kenyan petitioners Sigi Waigumo Mwanzia and Gichohi Waweru, who accuse Kenya of violating the EAC Treaty and the Kenyan Constitution.
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They argue that the government has failed to ensure transparency, public participation, and accountability in granting immunities.
The petitioners are demanding that the Kenyan government provide details on how the Gates Foundation qualified for the immunities under the Privileges and Immunities Act, as well as copies of the signed documents.
Kenya’s Attorney General’s office is the respondent in the case, with Nairobi, as a partner state capital, being accused of withholding vital information about the circumstances surrounding the immunities.
The case follows a Freedom of Information request filed by Kenyan advocate Owiso Owiso, who challenged the legal grounds for the immunities granted to the Gates Foundation by the Ruto administration.
In a letter dated October 24, 2024, addressed to Foreign Affairs Cabinet Secretary Musalia Mudavadi, Owiso raised concerns over the privileges and the lack of transparency.
“By the Privileges and Immunities (Bill and Melinda Gates Foundation) Order, 2024, dated September 19, 2024, and published as Legal Notice 157 in Kenya Gazette Supplement No. 181 on October 4, 2024, you granted certain immunities and privileges to the Bill and Melinda Gates Foundation pursuant to section 1 of the Privileges and Immunities Act.”
Owiso continued, “As this is a matter that affects the nation, you are obligated under Article 35(3) of the Constitution of Kenya, 2010, to publish and publicize information relevant to the circumstances under which the Bill and Melinda Gates Foundation was granted this status.”
Despite repeated pressure from the Ombudsman to disclose the information, the Foreign Ministry has remained silent on the issue.
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