Kenyan Constitution, Chapter Nine, Part 2, Article 142 to 144

By Juma / September 27, 2016




The Executive

Article 142: Term of office of the president

(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.

Article 143: 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 144: removal of President on grounds of incapacity

(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 the President shall continue to perform the functions of
(b) 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–

(a) three persons who are qualified to practise medicine under the laws of Kenya, nominated by the body which by law is responsible for regulating the professional practice of medicine;
(b) one advocate of the High Court nominated by the body which by law is responsible for regulating the professional practice of advocates; and
(c) one person nominated by the President.

(4) If the Chief Justice is unable to appoint a tribunal under clause (3), the Deputy Chief Justice shall appoint such a tribunal.
(5) If the President is unable to nominate the person required to be nominated under clause (3)(c), the person shall be nominated by––

(a) a member of the family of the President; or
(b) if no such member is willing or able to make the nomination, by a close relative of the President.

(6) The tribunal shall inquire into the matter and, within fourteen days after the appointment, report to the Chief Justice and to the Speaker of the National Assembly.
(7) The Speaker shall cause the report of the tribunal to be tabled before the National Assembly within seven days after receiving it.
(8) The report of the tribunal shall be final and not subject to appeal and if the tribunal reports that the President is capable of performing the functions of the office, the Speaker of the National Assembly shall so announce in the National Assembly.
(9) If the tribunal reports that the President is incapable of performing the functions of the office, the National Assembly shall vote on whether to ratify the report.
(10) If a majority of all the members of the National Assembly vote in favour of ratifying the report, the President shall cease to hold office.

Read: Kenyan Constitution, Chapter Nine, Article 139 to 141



About Juma

Juma is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it.(020) 528 0222 or Email: [email protected]

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