Friday, March 8, 2013

Uhuru Kenyatta's Presidency could be tempestuous


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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