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KenyaSimplified

Chapter 9, Part 2 · Art. 143

Protection from legal proceedings

2010-as-amended · effective 2010-08-27

Official text

(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.
In simple words
  • Criminal proceedings cannot be started or continued against the President while in office.
    Art. 143(1)

    (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.

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  • Civil proceedings cannot be started against the President while in office for anything done in exercising their powers.
    Art. 143(2)

    (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.

    Read the full article →
Kids explanation
  • While in office, the President cannot be taken to court for doing their job.
    Art. 143(1)

    (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.

    Read the full article →

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