You are here: Home Constitution of Kenya Chapter Nine - The Executive Part 2. The President and Deputy President 144. Removal of President on grounds of incapacity

Constitution of Kenya

144. Removal of President on grounds of incapacity

(1) A member of the National Assembly, supported by at least a quarter of all the members, may move a motion for the investigation of the President’s physical or mental capacity to perform the functions of office.
(2) If a motion under clause (1) is supported by a majority of all the members of the National Assembly--

(a) the Speaker shall inform the Chief Justice of that resolution within two days; and the President shall continue to perform the functions of
(b) the office pending the outcome of the proceedings required by this Article.

(3) Within seven days after receiving notice of the resolution from the Speaker, the Chief Justice shall appoint a tribunal consisting of--

(a) three persons who are qualified to practise medicine under the laws of Kenya, nominated by the body which by law is responsible for regulating the professional practice of medicine;
(b) one advocate of the High Court nominated by the body which by law is responsible for regulating the professional practice of advocates; and
(c) one person nominated by the President.

(4) If the Chief Justice is unable to appoint a tribunal under clause (3), the Deputy Chief Justice shall appoint such a tribunal.
(5) If the President is unable to nominate the person required to be nominated under clause (3)(c), the person shall be nominated by–--

(a) a member of the family of the President; or
(b) if no such member is willing or able to make the nomination, by a close relative of the President.

(6) The tribunal shall inquire into the matter and, within fourteen days after the appointment, report to the Chief Justice and to the Speaker of the National Assembly.
(7) The Speaker shall cause the report of the tribunal to be tabled before the National Assembly within seven days after receiving it.
(8) The report of the tribunal shall be final and not subject to appeal and if the tribunal reports that the President is capable of performing the functions of the office, the Speaker of the National Assembly shall so announce in the National Assembly.
(9) If the tribunal reports that the President is incapable of performing the functions of the office, the National Assembly shall vote on whether to ratify the report.
(10) If a majority of all the members of the National Assembly vote in favour of ratifying the report, the President shall cease to hold office.

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