CHAPTER NINE—THE EXECUTIVE

Part 2—the President and Deputy President

143. Removal of President on grounds of incapacity.

(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.

PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

27. (1) The existence of any immunity or special procedural rule attaching to the official capacity of any person shall not constitute a ground for—
(a) refusing or postponing the execution of a request
for surrender or other assistance by the ICC;
(b) holding that a person is ineligible for surrender, transfer, or removal to the ICC or another State under this Act; or
(c) holding that a person is not obliged to provide the assistance sought in a request by the ICC.

(2) Subsection (1) shall have effect subject to sections 62 and 115, but notwithstanding any other enactment or rule of law.

PART IV – INTERNATIONAL ORGANISATIONS, ETC.

9. Privileges, etc., of certain international organizations and persons connected therewith
(1) This section shall apply to an organization which the Minister may, by order, declare to be an organization of which Kenya, or the Government, and one or more foreign sovereign powers, or the government or governments thereof, are members.
(2) The Minister may, by order—
(a) provide that an organization to which this section applies (hereinafter referred to as the organization) shall, to such extent as may be specified in the order, have the immunities and privileges set out in Part I of the Fourth Schedule to this Act, and shall also have the legal capacities of a body corporate;

FIRST SCHEDULE
ARTICLES OF VIENNA CONVENTION ON DIPLOMATIC RELATIONS HAVING THE FORCE OF LAW IN KENYA

ARTICLE 29
The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and take all appropriate steps to prevent any attack on his person, freedom or dignity.

ARTICLE 30
1. The private residence of a diplomatic agent shall enjoy the same inviolabilityand protection as the premises of the mission.
2. His papers, correspondence and, except as provided in paragraph 3 of Article31, his property, shall likewise enjoy inviolability.

ARTICLE 31
A diplomatic agent shall enjoy immunity from the criminal jurisdiction of thereceiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of—
(a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;
(b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;
(c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.