A section of people cannot be arrested while in Kenya and this is simply referred to as immune from prosecution.
What is the meaning of immunity from prosecution?
This is a legal protection given to selected individuals and defends them from criminal prosecution for a particular crime.
In this article, Times Digital Kenya lists some of the people who cannot be arrested or prosecuted under certain circumstances in Kenya.
The President of the Republic of Kenya
According to the constitution of Kenya, the sitting president cannot be arrested.
As per Article 143, no criminal case or anything related to that can be conducted in any court of Kenya, against the current President.
Hence the President is protected from facing criminal and civil proceedings before any court while in office.
“Any 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…” article 143 of Kenya’s constitution reads.
Diplomats
International bodies such as the United Nations negotiate diplomatic rights (immunity) for staff, as do other entities like the International Criminal Court (ICC), which has a unique consensus with the Government to accord such rights to its staff whenever they are in the country.
The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention, as Article 29 of Kenyan law reads.
Members of foreign governments
Since they are performing official activities while they are in Kenya, state envoys are entitled to immunity under customary international law. Here, personal immunity and functional immunity are typically distinguished from one another.
Throughout their term in office, leaders of state (Presidents), monarchs, Prime Ministers and foreign ministers enjoy personal immunity.
Thus, they are shielded from any and all prosecution while in Kenya for any activities taken prior to or during the course of their mandate in a personal or official role.
