Kenyan parliamentary committee approves benefits for Ford Foundation — Nation Kenya
The Delegated Legislation Committee of Kenya’s National Assembly has approved a draft order on privileges and immunities for the U.S. charitable Ford Foundation. The document is intended to give legal force to an agreement between the Kenyan government and the foundation on establishing and strengthening its regional office in Nairobi. The draft must still be approved by the National Assembly, Nation Kenya reports.
Tax exemptions
The agreement between Kenya and the Ford Foundation was signed on March 13, 2026. It provides for the foundation’s exemption from taxes, including stamp duty, land charges and rent, as well as from customs duties, excise duty and value-added tax on goods and services for official use.
If goods imported duty-free are disposed of in Kenya, the duty will be payable. The committee noted that the tax exemptions will constitute foregone state revenue, which must be accounted for in accordance with Article 210 of Kenya’s Constitution. Where legislation permits an exemption from a tax or licence fee, this provision requires public accounting of each such case, stating the reason and reporting it to the auditor-general.
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Status of the office and employees
The agreement allows the foundation to establish a regional office in Nairobi to operate in Kenya and other East African countries. The office will be headed by a regional director appointed by the president of the Ford Foundation. The foundation will have legal personality, be able to enter into contracts, bring and defend legal proceedings, and acquire, hold and dispose of property in accordance with Kenyan law.
The document provides for the inviolability of the foundation’s offices, premises, property, archives and communications, as well as immunity from legal process. Exceptions include commercial and labour disputes, traffic claims, and cases in which immunity is expressly waived. The foundation’s premises may not be used as a refuge.
Ford Foundation employees are to be exempt from income tax and social security contributions, have the right to import household effects and cars duty-free upon their first arrival, and receive immunity for official acts. Some of these privileges will not apply to Kenyan citizens and permanent residents. The agreement will remain in force for ten years, with the possibility of extension, and the foundation must submit annual reports to the ministry on its activities in the country, income, expenditure and employees.
