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 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;
(b) confer upon—
(i) any persons who are representatives (whether of governments or not) on any organ of the organization or are members of any committee of the organization or of an organ thereof;
(ii) such number of officers of the organization as may be specified in the order, being the holders of such high offices in the organization as may be so specified; and
such persons employed on missions on behalf of the organization as may be so specified,
to such extent as may be specified in the order, the immunities and privileges set out in Part II of the said Fourth Schedule;
(c) confer upon such other classes of officers and servants of the organization as may be specified in the order, to such extent as may be so specified, the immunities and privileges set out in Part III of the
Fourth Schedule, and Part IV of the said Fourth Schedule shall have effect for the purpose of extending to the staffs of such representatives and members as are mentioned in subparagraph (i) of paragraph (b) of this subsection, and to the families of officers of the organization, any immunities and privileges conferred on the representatives, members or officers under that paragraph, except in so far as the operation of Part IV is excluded by the order conferring the immunities and privileges.
(3) An order under subsection (2) of this section shall be so framed as to securethat there are not conferred upon any person immunities or privileges greater in extent than those which, at the time of the making of the order, are required to be conferred on that person in order to give effect to any international agreement in that behalf and that no immunity or privilege is conferred upon any person as the representative of the Government of Kenya or as a member of the staff of such representative.
(4) Where immunities and privileges are conferred upon persons by an orderunder subsection (2) of this section, the Minister, by notice in the Gazette—
(a) shall specify the persons entitled to immunities and privileges conferred under paragraph (b) of that subsection; and
(b) may specify the persons entitled to immunities and privileges conferred under paragraph (c) of that subsection.