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—
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