Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
POWER OF MERCY ACT
CAP. 94
- Published in Kenya Gazette Vol. CXIII—No. 90 on 9 September 2011
- Assented to on 27 August 2011
- Commenced on 5 September 2011
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2015 (Act No. 25 of 2015) on 24 December 2015]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Power of Mercy Act.2. Interpretation
3. Application
The provisions of this Act shall govern all matters relating to a petition for the exercise of power of mercy by the President pursuant to Article 133 of the Constitution.4. Guiding principles
In the performance of the functions and exercise of powers under the Constitution and this Act, the President and Committee shall act in accordance with Article 47(1) of the Constitution and be guided by the values and principles set out in Article 10 of the Constitution.Part II – COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE
5. Composition of the Committee
6. Qualification for appointment as a member
A person is qualified for appointment as a member under section 5(1)(b) if the person—7. Disqualification for appointment as a member
8. The constitution of the panel
9. Procedure for appointment of a member
10. General principles of appointing of members
In recommending or appointing members, the panel and the President shall—11. Oath of office
Before assuming office, the members and secretary of the Committee shall each make and subscribe, before the Chief Registrar, the oath or affirmation set out in the First Schedule.12. Election of vice-chairperson
13. Tenure and vacancy in the office of a member
14. Functions of the Committee
In addition to the functions set out in Article 133(1) and (4) of the Constitution, the Committee shall—15. Powers of the Committee
16. Secretariat
17. Appointment of a pardon officer
18. Conduct of the affairs of the Committee
Part III – PETITION FOR THE EXERCISE OF POWER OF MERCY
19. Eligibility to file a petition
20. Commencing a petition
21. Consideration of petitions, notification of victims, etc.
22. Criteria to be applied by the Committee
23. Notification of grant or denial of petition
24. Re-petition
25. Effect of pardon
Part IV – MISCELLANEOUS PROVISIONS
26. Financial arrangements
27. Conflict of interest
28. Recommendations of the Committee
29. Annual reports
30. Legal proceedings
Proceedings against the Committee shall be deemed to be proceedings against the Government and shall be subject to the Government Proceedings Act (Cap. 40).31. Protection from personal liability
No matter or thing done by a member of the Committee shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the Committee, render the member personally liable to any action, claim or demand whatsoever.32. Management of information and records
33. General penalty
A person who contravenes the provisions of this Act commits an offence and shall be liable on conviction, where no other penalty is provided, to a fine not exceeding one million shillings, or imprisonment for a term not exceeding five years, or to both.34. Prescribed forms
35. Regulations
36. Transitional Provisions
The provisions of section 29(2) of the Sixth Schedule to the Constitution shall apply with respect to the appointment of the members of the panel and of the Committee.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
24 December 2015
09 September 2011
05 September 2011
Commenced
27 August 2011
Assented to
Cited documents 0
Documents citing this one 42
Gazette 19
Judgment 19
Legal Notice 2
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2. | The Statutory Instruments (Exemption from Expiry) Regulations |
Act 1
1. | Victim Protection Act | 163 citations |
Bench Bulletin 1
1. | Bench Bulletin - Issue 16 |
Subsidiary legislation
Title
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The Power of Mercy Committee (Procedure) Regulations | Legal Notice 133 of 2016 |