Constitution of Kenya, 2010 Term of office of President. 142. (1) The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President in accordance with Article 136 (2) (a) is sworn in. (2) A person shall not hold office as President for more than two terms. Protection from legal proceedings. 143. (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. Removal of President on grounds of incapacity. 144. (1) A member of the National Assembly, supported by at least a quarter of all the members, may move a motion for the investigation of the President’s physical or mental capacity to perform the functions of office. (2) If a motion under clause (1) is supported by a majority of all the members of the National Assembly— (a) the Speaker shall inform the Chief Justice of that resolution within two days; and (b) the President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article. (3) Within seven days after receiving notice of the resolution from the Speaker, the Chief Justice shall appoint a tribunal consisting of— 83

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