Article
143 of the Constitution of Kenya: Protection from legal proceedings
(1) Criminal proceedings shall not be
instituted or continued in any court against the President or a person
performing the functions of that office, during their tenure of office.
(2)
Civil proceedings shall not be instituted in any court against the President or
the person performing the functions of that office during their tenure of
office in respect of anything done or not done in the exercise of their powers
under this Constitution.
(3)
Where provision is made in law limiting the time within which proceedings under
clause (1) or (2) may be brought against a person, a period of time during
which the person holds or performs the functions of the office of the President
shall not be taken into account in calculating the period of time prescribed by
that law.
(4)
The immunity of the President under this
Article shall not extend to a crime for which the President may be prosecuted
under any treaty to which Kenya is party and which prohibits such immunity.
Article
145 of the Constitution of Kenya: Removal of President by impeachment
(1) A member of the National Assembly, supported
by at least a third of all the members, may move a motion for the impeachment
of the
President—
(a)
on the ground of a gross violation of a provision of this Constitution or of
any other law;
(b) where there are serious reasons for
believing that the President has committed a crime under national or
international law; or
(c)
for gross misconduct.
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