Article 143. Protection from legal proceedings
Official Constitutional Text
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.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 143 grants the President legal immunity, meaning they cannot be sued or charged with a crime while serving in office. No court can start or continue criminal charges against a sitting President, and they cannot face civil lawsuits for actions taken as part of their official presidential duties. However, the clock stops on legal deadlines during their presidency, meaning anyone wishing to sue or prosecute them can simply wait until the President leaves office to file the case. Finally, this local protection does not cover international crimes, meaning the President can still be prosecuted under international treaties and tribunals that Kenya signed if those treaties ban immunity for world leaders.