The government has taken a new step to deepen its ties with the Ford Foundation by asking Parliament to approve diplomatic privileges and immunities for the organisation, despite the bitter public fallout that saw President William Ruto accuse it of backing anti-government protests less than two years ago.
Foreign and Diaspora Affairs Cabinet Secretary Musalia Mudavadi has submitted the Privileges and Immunities (Ford Foundation) Order, 2026 to the National Assembly, seeking approval for the foundation to enjoy protections granted to international organisations operating in Kenya.
The proposal is aimed at formalising long-term cooperation between Kenya and the philanthropic organisation while supporting the expansion of its regional operations from Nairobi.
If approved, the order will allow the foundation's director, officials and staff carrying out official duties in Kenya to enjoy privileges and immunities provided under the law. The agreement will come into force once it is gazetted and will remain in effect for 10 years, with an option for renewal through mutual agreement.
The proposed arrangement protects the foundation's assets and property from legal proceedings unless the immunity is waived. It also grants exemptions from selected taxes, customs duties, value-added tax (VAT) on goods and services imported for official use, and provides access to work permits for eligible officials.
However, the protections will not extend to cases involving traffic offences, road accidents, commercial dealings, civil and criminal proceedings or employment disputes involving Kenyan citizens.
"The exemption shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of and working exclusively for the Foundation," the legal notice states.
The proposal reflects a sharp change from the government's position in July 2024, when President Ruto openly accused the Ford Foundation of financing demonstrations that swept across the country.
"I want to ask the Ford Foundation.
What benefit do they get from funding chaos? If they are going to sponsor violence and anarchy, we will call them out. They either style up or leave," President Ruto said.
He added:
"Our youth are not available for retrogressive assignments."
The relationship later improved after President Ruto met officials from the Ford Foundation during the United Nations General Assembly (UNGA) in New York in September 2024.
"Kenya appreciates the Ford Foundation's commitment to safeguarding our democracy and supporting Kenya's calls for reforms in the global economic institutions, climate action and modern technology regulation," President Ruto said after the meeting.
In a memorandum supporting the Host Country Agreement between Kenya and the Ford Foundation, Mudavadi described the organisation as an international philanthropic institution that supports social justice and fair development across communities.
"The government of Kenya grants permission for the Ford Foundation to establish/strengthen its regional office in Nairobi," Mudavadi said, adding that the office would "facilitate philanthropic programmes, grant-making and partnerships to advance social justice and equitable development in Africa."
Mudavadi said negotiations leading to the agreement involved consultations with the National Treasury, the Office of the Attorney-General, the Directorate of Immigration Services, the Kenya Revenue Authority and the Judiciary.
According to the government, the agreement will strengthen Kenya's standing as a preferred base for international organisations and philanthropic institutions while boosting programmes that promote civic space, democratic governance, economic inclusion, gender justice and human rights.
"It provides an opportunity for Kenya to benefit from global philanthropic expertise and resources while reinforcing Nairobi's status as a hub for international organisations and civil society initiatives," the memorandum states.
The government further says the agreement will create employment opportunities for Kenyans, strengthen professional skills and increase support for projects promoting democracy, inclusion and human rights.
The Ministry of Foreign and Diaspora Affairs will oversee implementation of the agreement alongside other government agencies. Mudavadi said the Ford Foundation will be required to submit annual reports outlining its activities, together with the names, addresses, employment dates and ranks of its staff.
The first report will be submitted within three months after the agreement is signed, while future reports will be filed every year by December 31.
The proposed privileges are being granted under the Privileges and Immunities Act, which provides the legal framework for extending protections to international organisations working with Kenya.
The government notes that the Ford Foundation has maintained a presence in Kenya since 1963 after opening its East Africa office in Nairobi.
"The government of Kenya agrees to the establishment and strengthening of the regional office of the Ford Foundation for purposes of carrying out its activities in the Republic of Kenya and elsewhere in the African region," the memorandum states.
Mudavadi said the foundation intends to formalise and expand its regional office in Nairobi so it can better coordinate programmes across East Africa and the rest of the continent.
The Host Country Agreement was negotiated through an inter-ministerial process in 2025 before it was signed on March 13, 2026.
The government describes the Ford Foundation as "an independent international philanthropic organisation established in 1936 to advance human welfare, reduce inequality and promote social justice."
Headquartered in New York, the foundation operates through regional offices and partner institutions to support civil society, democratic values and equitable development in different parts of the world.
"Ford Foundation works to promote global cooperation and collaboration by bringing together governments, international organisations, the private sector, civil society and other stakeholders towards common goals of justice, inclusion and human rights," Mudavadi said.
The organisation also provides grants and other resources to help reduce inequality, strengthen civic space and support programmes focused on social justice across Africa.