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.
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.