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Ask the Constitution

Can a sitting President be charged with a crime in a Kenyan court?

No

No, not during their tenure, except for crimes under a treaty Kenya has joined that prohibits such immunity.

Article 143 says criminal proceedings shall not be started or continued against the President during their tenure. The time in office does not count towards legal time limits for bringing cases later. The immunity does not cover crimes under a treaty Kenya is party to that prohibits such immunity.

“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.”

Article 143: Protection from legal proceedings

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It dependsCan the President dissolve Parliament?Only in one situation: when Parliament fails to pass required laws after a court order, and the Chief Justice advises dissolution.NoCan a President serve more than two terms?No. A person shall not hold office as President for more than two terms.YesCan a President be removed from office?Yes, through impeachment by Parliament or on grounds of physical or mental incapacity.YesCan a Governor be removed from office?Yes, on grounds set in the Constitution; an Act of Parliament sets the removal procedure.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.