Kenya Act or statute

Parliament of Kenya

Power of Mercy Act

Jurisdiction: Kenya
Structure: 36 provisions
Citation: Cap. 94
Dates: As at 31 Dec 2022

More statute details

Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
The record does not meet this release's canonical indexing criteria. (emergency-noindex)

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“The short title of the Act is "Power of Mercy Act."”

The short title of the Act is "Power of Mercy Act." Section 2 provides interpretations: it states that, unless context requires otherwise, the Act defines a set of terms (for example "acquittal", "Cabinet Secretary", "committee", "convicted criminal prisoner", "correctional facility", "court", "felony", "member", "misdemeanour", "panel", "pardon", "pardon officer", "petitioner", "power of mercy", "prisoner", "prison officer", and "victim"). This Act governs all matters related to a petition for the exercise of the President's power of mercy under Article 133 of the Constitution. The President and Committee must, when performing functions and exercising powers under the Constitution and this Act, act in accordance with Article 47(1) of the Constitution and be guided by the values and principles in Article 10 of the Constitution. Appointment principles must have regard to the ethnic and regional diversity of the people of Kenya.

How the instrument operates

01
Start with the recorded version

As at 31 Dec 2022. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

PRELIMINARY - 1. Short title

The short title of the Act is "Power of Mercy Act."

Section 1

COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 15. Powers of the Committee

The Committee has powers to carry out its functions, may set procedure, establish sub-committees and co-opt members, must receive statements and conduct interviews, and is not bound by strict rules of evidence.

Section 15

PETITION FOR THE EXERCISE OF POWER OF MERCY - 19. Eligibility to file a petition

Any person may petition the President, through the Committee, to exercise the power of mercy and grant relief, subject to the Constitution and this Act; eligibility conditions set out in Section 19(2)(a)–(b).

Section 19

MISCELLANEOUS PROVISIONS - 27. Conflict of interest

Committee members with a direct or indirect personal interest must disclose it; such members must not be present or participate on that matter. Members, staff, and their family must not transact business with the Committee. Contraventio…

Section 27

MISCELLANEOUS PROVISIONS - 36. Transitional Provisions

The provisions of section 29(2) of the Sixth Schedule to the Constitution apply to the appointment of the members of the panel and of the Committee.

Section 36

Source and current-law status

Source record view

Source record from new.kenyalaw.org · As at 31 Dec 2022

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 36 of 36 provisions

Provision 28Offence 5Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The short title of the Act is "Power of Mercy Act."

Section 1. Short title Section This Act may be cited as the Power of Mercy Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides interpretations: it states that, unless context requires otherwise, the Act defines a set of terms (for example "acquittal", "Cabinet Secretary", "committee", "convicted criminal prisoner", "correctional facility", "court", "felony", "member", "misdemeanour", "panel", "pardon", "pardon officer", "petitioner", "power of mercy", "prisoner", "prison officer", and "victim").

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "acquittal" means a judgment that a person has not been found guilty of the crime with which the person had been charged; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to correctional services; "chairperson" means the chairperson of the Committee provided for under section 5 (2); "Chief Registrar" means the Chief Registrar of the Judiciary referred to in Article 161 of the Constitution; "Committee" means the Advisory Committee on the Power of Mercy established pursuant to Article 133(2) of the Constitution; "convicted criminal prisoner" means any criminal prisoner under sentence of a court or a court martial, and includes a person detained in prison under sections 162 to 167 of the Criminal Procedure Code (Cap. 75); "correctional facility" means an institution used to detain persons who are in the lawful custody of the State, whether accused persons awaiting trial or convicted criminal prisoners serving a sentence, and includes a prison established or deemed to have been established under section 24 of the Prisons Act (Cap. 90) and a youth corrective training centre established under section 66 of the Prisons Act (Cap. 90); "court" means any court of Kenya of competent jurisdiction; "felony" has the meaning assigned to it in the Penal Code (Cap. 63); "member" means member of the Committee appointed under the Constitution in accordance with the procedure set out in section 9 ; "misdemeanour" means any offence which is not a felony; "panel" means the selection panel constituted under section 8 ; "pardon" means a pardon granted by the President under the Constitution and this Act; "pardon officer" means a person appointed as such under section 17 ; "petitioner" means any person who makes an application for the power of mercy pursuant to Article 133(1) of the Constitution; "power of mercy" means the exercise by the President of the powers granted under Article 133 of the Constitution; "prisoner" means any person, whether convicted or not, under detention in any prison; "prison officer" means any member of the Kenya Prisons Service of whatever rank; "victim" means any person who individually or together with one or more persons suffered harm in the form of physical mental or emotional injury, pecuniary loss, or substantial violation of human rights as a result of the criminal activity of the person for whom power of mercy is petitioned or otherwise under consideration. Section 2(2) Until after the first general elections under the Constitution, references in this Act to a Cabinet Secretary or a Principal Secretary shall be construed to mean a Minister or a Permanent Secretary respectively.

Section 2Verify source

§ 3PRELIMINARY - 3. ApplicationProvision

This Act governs all matters related to a petition for the exercise of the President's power of mercy under Article 133 of the Constitution.

Section 3. Application Section 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.

Section 3Verify source

§ 4PRELIMINARY - 4. Guiding principlesProvision

The President and Committee must, when performing functions and exercising powers under the Constitution and this Act, act in accordance with Article 47(1) of the Constitution and be guided by the values and principles in Article 10 of the Constitution.

Section 4. Guiding principles Section 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.

Section 4Verify source

Part II

COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE

§ 10COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 10. General principles of appointing of membersProvision

Appointment principles must have regard to the ethnic and regional diversity of the people of Kenya.

Section 10. General principles of appointing of members Section have regard to ethnic and regional diversity of the people of Kenya;

Section 10Verify source

§ 11COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 11. Oath of officeProvision

Members and the secretary of the Committee must, before assuming office and before the Chief Registrar, make and subscribe the oath or affirmation in the First Schedule.

Section 11. Oath of office Section 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.

Section 11Verify source

§ 12COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 12. Election of vice-chairpersonProvision

The chairperson must convene the Committee's first meeting within seven days of members' appointment so the members can elect a vice-chairperson; the chairperson and vice-chairperson must not be of the same gender.

Section 12. Election of vice-chairperson Section 12(1) The chairperson shall, within seven days of the appointment of the members, convene the first meeting of the Committee at which the members shall elect the vice chairperson of the Committee from amongst their number. Section 12(2) The vice chairperson shall be elected from amongst the members appointed under section 9 (3). Section 12(3) The chairperson and vice chairperson shall not be of the same gender.

Section 12Verify source

§ 13COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 13. Tenure and vacancy in the office of a memberOffence

Members of the Committee (except the Attorney-General and Cabinet Secretary) serve a single five-year term and may not be re-appointed; the President must publish any resignation, vacancy or termination in the Gazette within fourteen days.

Section 13. Tenure and vacancy in the office of a member Section 13(1) Members of the Committee, apart from the Attorney-General and Cabinet Secretary, shall hold office, for a single term of five years, and shall not be eligible for re-appointment. Section 13(2)(a) dies; Section 13(2)(b) resigns from office by notice in writing addressed to the President; Section 13(2)(c) is convicted of an offence and sentenced to imprisonment for a term exceeding six months without the option of a fine; Section 13(2)(d) is absent from three consecutive meetings of the Committee without good cause; Section 13(2)(e) is adjudged bankrupt; Section 13(2)(f) is found guilty of gross misconduct; or Section 13(2)(g) is unable to perform any of the functions of the office. Section 13(3) The President shall notify every resignation, vacancy or termination in the Gazette within fourteen days thereof. Section 13(4) Where a vacancy occurs in the membership of the Committee, the appointment procedure provided for in Article 133(2) of the Constitution and section 9 shall, with necessary modifications, apply. Section 13(5) A member appointed under subsection (4), shall serve for a single term of five years and shall not be eligible for re-appointment. Section 13(6) Subject to paragraph (2) of the Second Schedule, a vacancy in the Committee shall not affect the proceedings and decisions of the Committee.

Section 13Verify source

§ 14COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 14. Functions of the CommitteeProvision

Section 14: The Committee undertake or commission research and collect data on matters relating to the power of mercy.

Section 14. Functions of the Committee Section undertake or commission research and collect data on matters relating to the power of mercy;

Section 14Verify source

§ 15COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 15. Powers of the CommitteeProvision

Section 15. Powers of the Committee Section 15(1) The Committee shall have all powers necessary for the execution of its functions under the Constitution and this Act. Section 15(2)(a) may, subject to this Act, determine its procedure; Section 15(2)(b) shall, where appropriate, receive written or oral statements; Section 15(2)(c) may establish sub-committees; Section 15(2)(d) may co-opt into its sub-committees persons whose knowledge and expertise it requires; Section 15(2)(e) is not bound by the strict rules of evidence; and Section 15(2)(f) shall conduct interviews of the individuals on whose behalf the petition is made.

Section 15Verify source

§ 16COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 16. SecretariatProvision

The office of the President must provide secretariat services to the Committee; there must be a secretary to the Committee who is a public officer nominated by the Public Service Commission through a competitive process and appointed by the President.

Section 16. Secretariat Section 16(1) The office of the President shall provide secretariat services to the Committee. Section 16(2) There shall be a secretary to the Committee who shall be a public officer nominated by the Public Service Commission through a competitive process and appointed by the President.

Section 16Verify source

§ 17COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 17. Appointment of a pardon officerProvision

The Cabinet Secretary must appoint pardon officers by notice in the Gazette; those pardon officers must be public officers seconded to the Committee and stationed at correctional facilities as prescribed.

Section 17. Appointment of a pardon officer Section 17(1) For the purpose of this Act, the Cabinet Secretary shall, by notice in the Gazette , appoint pardon officers, who shall be public officers seconded to the Committee and stationed at correctional facilities as shall be prescribed. Section 17(2)(a) report directly to the Committee on all matters related to the power of mercy; Section 17(2)(b) advise the internal mechanism in each correctional facility on all matters relation to the power of mercy; and Section 17(2)(c) be responsible for assisting the applicants in the preparation of petitions and providing general information on the power of mercy to the prisoners.

Section 17Verify source

§ 18COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 18. Conduct of the affairs of the CommitteeProvision

The Committee may regulate its own procedure, may invite people to meetings (but invited persons have no vote), and the Committee's business is governed by the Second Schedule.

Section 18. Conduct of the affairs of the Committee Section 18(1) The business and affairs of the Committee shall be conducted in accordance with the Second Schedule. Section 18(2) Except as provided for in the Second Schedule, the Committee may regulate its own procedure. Section 18(3) The Committee may invite any person to attend any of its meetings and to participate in its deliberations, but such a person shall not have a vote in any decision of the Committee.

Section 18Verify source

§ 5COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 5. Composition of the CommitteeProvision

Section 5 sets the Committee's composition (members appointed under Article 133(2)(a) and (b) and seven other members), names the Attorney-General as chairperson, and requires the members under section 5(1)(b) to serve part-time.

Section 5. Composition of the Committee Section 5(1)(a) the members appointed under Article 133(2)(a) and (b) of the Constitution; and Section 5(1)(b) seven other members appointed in accordance with the provisions of this Act. Section 5(2) The Attorney-General shall be the chairperson of the Committee. Section 5(3) The members under section 5 (1)(b) shall serve on a part-time basis.

Section 5Verify source

§ 6COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 6. Qualification for appointment as a memberProvision

Qualification for appointment: is a citizen of Kenya

Section 6. Qualification for appointment as a member Section is a citizen of Kenya;

Section 6Verify source

§ 7COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 7. Disqualification for appointment as a memberOffence

Lists circumstances that disqualify a person from appointment as a member, including political party governing-body membership, undischarged bankruptcy, conviction with imprisonment over six months without option of a fine, mental incapacity, and removal from public office; notes an exception that a person who has fully served such a sentence is not disqualified.

Section 7. Disqualification for appointment as a member Section 7(1)(a) is a member of a governing body of a political party; Section 7(1)(b) is an undischarged bankrupt; Section 7(1)(c) has been convicted, whether in Kenya or elsewhere, of an offence and sentenced to imprisonment for a term exceeding six months without the option of a fine; Section 7(1)(d) is unable to perform the functions of office due to mental incapacity; or Section 7(1)(e) has been removed from public office for contravening the provisions of the Constitution or any other law. Section 7(2) Notwithstanding subsection (1)(c), a person who has fully served the sentence shall be not be disqualified for appointment as a member of the Committee.

Section 7Verify source

§ 8COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 8. The constitution of the panelProvision

Section 8 sets out who composes the panel, requires the Office of the President to provide secretariat services, requires vacancies to be filled within seven days by the nominating body, and sets the quorum at five members.

Section 8. The constitution of the panel Section 8(1)(a) declare vacancies in the panel; and Section 8(1)(b) constitute a panel. Section 8(2)(a) a chairperson, who shall not be a State officer or public officer, appointed by the President; Section 8(2)(b) the Principal Secretary in the Ministry for the time being responsible for matters relating to justice or his or her representative appointed in writing; Section 8(2)(c) the Principal Secretary in the Ministry for the time being responsible for correctional services or his or her representative appointed in writing; Section 8(2)(d) the Commissioner of Prisons or his or her representative appointed in writing; Section 8(2)(e) a representative of the Office of the President; Section 8(2)(f) a representative of the Office of the Prime Minister; Section 8(2)(g) the joint forum of the religious organizations described in subsection (3); Section 8(2)(h) a representative of the commission for the time being responsible for matters of human rights; and Section 8(2)(i) a representative of the department or commission for the time being responsible for matters of gender. Section 8(3)(a) the Supreme Council of Kenya Muslims; Section 8(3)(b) the Kenya Episcopal Conference; Section 8(3)(c) the National Council of Churches of Kenya; Section 8(3)(d) the Evangelical Fellowship of Kenya; and Section 8(3)(e) the Hindu Council of Kenya. Section 8(4) The Office of the President shall provide secretariat services to the panel. Section 8(5) A vacancy in the panel arising after it has been constituted shall be filled within seven days by the nominating body, in accordance with this section. Section 8(6) Notwithstanding subsection (5), a vacancy arising in the membership of the panel as required by subsection (2)(f) after first general elections under the Constitution, shall not be filled. Section 8(7) The quorum of the panel shall be five members. Section 8(8) Subject to this section, the panel shall regulate its own procedure. Section 8(9) The panel shall stand dissolved upon the appointment of the members under section 5 (1)(b).

Section 8Verify source

§ 9COMPOSITION, FUNCTIONS AND POWERS OF THE COMMITTEE - 9. Procedure for appointment of a memberProvision

Sets a procedure: once the panel is constituted it must, within seven days, advertise in at least two national daily newspapers to invite applications; the panel must consider, shortlist, publish shortlisted and qualified applicants, hold public interviews, and recommend ten persons to the President; the President must, within seven days of receipt, by Gazette notice appoint seven members from the recommended persons.

Section 9. Procedure for appointment of a member Section 9(1) Once the panel is constituted in accordance with section 8 , the panel shall, within seven days of its convening, by advertisement in at least two daily newspapers of national circulation, invite applications from persons who qualify for appointment as members of the Committee under section 5 (1)(b). Section 9(2)(a) consider the applications received under subsection (1) to determine their compliance with the provisions of the Constitution and this Act; Section 9(2)(b) short list the applicants; Section 9(2)(c) publish the names of the shortlisted applicants and the qualified applicants in at least two daily newspapers of national circulation; Section 9(2)(d) conduct interviews of the shortlisted persons in public; Section 9(2)(e) recommend to the President ten suitably qualified persons for appointment as members. Section 9(3) The President shall, within seven days of receipt of the shortlisted persons under subsection (2), by notice in the Gazette , appoint seven members from among the persons recommended by the panel.

Section 9Verify source

Part III

PETITION FOR THE EXERCISE OF POWER OF MERCY

§ 19PETITION FOR THE EXERCISE OF POWER OF MERCY - 19. Eligibility to file a petitionProvision

Section 19. Eligibility to file a petition Section 19(1) Any person may, subject to the Constitution and this Act, petition the President, through the Committee, to exercise the power of mercy and grant any relief specified in Article 133(1) of the Constitution. Section 19(2)(a) the person for whose benefit it is made, is on probation or serving a suspended sentence; or Section 19(2)(b) an application for any judicial remedy is pending before a court.

Section 19Verify source

§ 20PETITION FOR THE EXERCISE OF POWER OF MERCY - 20. Commencing a petitionCommencement

The Cabinet Secretary and Committee must ensure that the relevant forms and information are supplied to all correctional facilities.

Section 20. Commencing a petition Section 20(1) An application for the exercise of the power of mercy shall be by a petition in the prescribed form. Section 20(2) The petition referred to in subsection (1) shall comply with the requirements set out in the Third Schedule. Section 20(3)(a) it does not accord strictly with the prescribed format; or Section 20(3)(b) it has been commenced in person or through a representative other than an advocate. Section 20(4) A petition under this section may be lodged by electronic means. Section 20(5) The Cabinet Secretary and Committee shall ensure that the relevant forms and information are supplied to all the correctional facilities.

Section 20Verify source

§ 21PETITION FOR THE EXERCISE OF POWER OF MERCY - 21. Consideration of petitions, notification of victims, etc.Provision

Section 21 assigns the Committee powers to determine admissibility of petitions, call for and review evidence (including interviews and investigations), receive reports, and make recommendations to the President; the Cabinet Secretary must publish hearing venues/times; victims notified may make representations.

Section 21. Consideration of petitions, notification of victims, etc. Section 21(1)(a) determine the admissibility of the petition; Section 21(1)(b) calling for evidence; Section 21(1)(b)(i) calling for evidence; Section 21(1)(b)(ii) where appropriate conducting interviews; Section 21(1)(b)(iii) conducting investigations; Section 21(1)(b)(iv) receiving and reviewing the necessary reports from appropriate government agencies or officials; and Section 21(1)(c) make appropriate recommendations to the President in accordance with the Constitution. Section 21(2)(a) whether the convicted criminal prisoner has served at least one-third of the sentence pronounced by a court; Section 21(2)(b) where a person who is convicted and sentenced to imprisonment for life or to death and whose sentence has not been effected, has served for at least five years; or Section 21(2)(c) any other matter that the Committee may consider necessary. Section 21(3) The Cabinet Secretary shall, by notice in the Gazette , from time to time, publish the venue and time where a public hearing and interviews by the Committee shall be conducted. Section 21(4) Where the relief sought under this Part relates to a conviction for a felony in which there was a victim, and the Committee determines under subsection (1) (b) that there is need to contact the victim, reasonable efforts shall be made to notify the victim. Section 21(5) The victim notified under subsection (4) shall be entitled to make representations to the Committee.

Section 21Verify source

§ 22PETITION FOR THE EXERCISE OF POWER OF MERCY - 22. Criteria to be applied by the CommitteeOffence

The Committee must apply the listed criteria (Section 22(1)(a)–(l) and Section 22(2)(a)–(b)) when considering a petition for the exercise of the power of mercy.

Section 22. Criteria to be applied by the Committee Section 22(1)(a) the age of the convicted criminal prisoner at the time of the commission of the offence; Section 22(1)(b) the circumstances surrounding the commission of the offence; Section 22(1)(c) whether the person, for whose benefit the petition is made, is a first offender; Section 22(1)(d) the nature and seriousness of the offence; Section 22(1)(e) the length of period so far served by the convicted criminal prisoner; Section 22(1)(f) the length of period served by the convicted criminal prisoner in remand; Section 22(1)(g) the personal circumstances of the offender at the time of making the petition, including mental and physical health and any disabilities; Section 22(1)(h) the interest of the State and community; Section 22(1)(i) the post-conviction conduct, character and reputation of the convicted criminal prisoner; Section 22(1)(j) the official recommendations and reports from the State organ or department responsible for correctional services; Section 22(1)(k) where the petitioner has opted to pursue other available remedies, the outcome of such avenue; and Section 22(1)(l) the representation of the victim where applicable. Section 22(2)(a) where applicable, a report of fellow inmates; or Section 22(2)(b) reports from probation services.

Section 22Verify source

§ 23PETITION FOR THE EXERCISE OF POWER OF MERCY - 23. Notification of grant or denial of petitionProvision

The President must decide on Committee recommendations within sixty days; the Committee must notify petitioners in writing within seven days of the President’s decision and must publish approved petitions in the Gazette within twenty-one days; the President’s decision is final.

Section 23. Notification of grant or denial of petition Section 23(1) The President shall, within sixty days of receipt of the recommendations by the Committee, consider the recommendations and either approve or reject the petition. Section 23(2) Where the President approves or rejects a recommendation of the Committee pursuant to subsection (1), the Committee shall, in writing, notify the petitioner or their representative of the President’s decision within seven days. Section 23(3) The Committee shall cause the approved petitions under subsection (1) to be published, in the Gazette , within twenty-one days of the receipt of the President’s decision. Section 23(4) The decision of the President for each petition made under this section shall be final. [Act No. 25 of 2015 , Sch.]

Section 23Verify source

§ 24PETITION FOR THE EXERCISE OF POWER OF MERCY - 24. Re-petitionProvision

A person may re-petition once on new grounds after a previous petition was rejected, by petitioning the President through the Committee; the Committee must consider the re-petition, and if satisfied that reasonable facts are raised, inform the petitioner and require filing in the prescribed manner.

Section 24. Re-petition Section 24(1) Notwithstanding section 23 (4), a person may, after the rejection of a petition under section 23 (1), re-petition only once and on new grounds, to the President through the Committee. Section 24(2)(a) consider a request for a re-petition referred to it under subsection (1); and Section 24(2)(b) where it is satisfied that the request raises reasonable facts, inform the petitioner of the outcome and require the petitioner to file the petition in the prescribed manner. Section 24(3) The procedure for a petition under this Act shall apply to a re-petition.

Section 24Verify source

§ 25PETITION FOR THE EXERCISE OF POWER OF MERCY - 25. Effect of pardonProvision

The chairperson may require any person holding judicial records of a convicted person who received a pardon to deliver those records to the Committee.

Section 25. Effect of pardon Section 25(1)(a) such pardon shall operate as conclusive proof that the Committee and the President are satisfied that the petitioner for the pardon is deserving of the relief; and Section 25(1)(b) the pardon shall not be construed to be an acquittal. Section 25(2) The chairperson may require any person having the custody or control of any judicial record of a conviction in respect of which a pardon has been granted, to deliver that record into the custody of the Committee.

Section 25Verify source

Part IV

MISCELLANEOUS PROVISIONS

§ 26MISCELLANEOUS PROVISIONS - 26. Financial arrangementsProvision

The Office of the President must bear the Committee's expenses; members of the Committee may be paid allowances determined by the Cabinet Secretary (finance) in consultation with the Salaries and Remuneration Commission.

Section 26. Financial arrangements Section 26(1) The expenses incurred by the Committee in accordance with the Constitution and this Act shall be borne by the Office of the President. Section 26(2) The members of the Committee may be paid such allowances as may be determined by the Cabinet Secretary responsible for matters relating to finance in consultation with the Salaries and Remuneration Commission.

Section 26Verify source

§ 27MISCELLANEOUS PROVISIONS - 27. Conflict of interestOffence

Section 27. Conflict of interest Section 27(1) A member of the Committee who has a direct or indirect personal interest in a matter being considered or to be considered by the Committee shall, as soon as reasonably practicable after the relevant facts concerning the matter have come to their knowledge, disclose the nature of the interest to the Committee. Section 27(2) A disclosure of any such interest in a matter shall be recorded in the minutes of the meeting of the Committee and the member shall not be present while that matter is being dealt with by the Committee and shall not take part in any deliberations or vote relating to the matter. Section 27(3) No member or staff of the Committee, including their family members, shall transact any business or trade with the Committee. Section 27(4) A person who contravenes subsection (1) or (3) commits an offence and shall be liable, on conviction, to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding ten years, or to both.

Section 27Verify source

§ 28MISCELLANEOUS PROVISIONS - 28. Recommendations of the CommitteeProvision

Committee recommendations follow the opinion of the majority of members reviewing a petition; if members are equally divided, a recommendation to grant the relief sought is treated as affirmed.

Section 28. Recommendations of the Committee Section 28(1) The recommendations of the Committee shall be in accordance with the opinion of a majority of the members reviewing a petition. Section 28(2) If the members are equally divided in opinion, a recommendation for the grant of the relief sought shall be considered as having been affirmed.

Section 28Verify source

§ 29MISCELLANEOUS PROVISIONS - 29. Annual reportsProvision

The Committee must prepare an annual report for each financial year, submit it to the President and Parliament within three months after the end of that year, and cause it to be published in the Gazette and other manner the Committee determines.

Section 29. Annual reports Section 29(1) The Committee shall cause an annual report to be prepared for each financial year. Section 29(2) The Committee shall submit the annual report to the President and Parliament within three months after the end of the year to which it relates. Section 29(3)(a) the financial statements of the Committee; Section 29(3)(b) a description of the activities of the Committee; Section 29(3)(c) such other statistical information as the Committee considers appropriate relating to its mandate; Section 29(3)(d) any other information relating to its functions that the Committee considers necessary. Section 29(4) The Committee shall cause the annual report to be published in the Gazette and in such other manner as the Committee may determine.

Section 29Verify source

§ 30MISCELLANEOUS PROVISIONS - 30. Legal proceedingsProvision

Proceedings against the Committee are treated as proceedings against the Government and are subject to the Government Proceedings Act (Cap. 40).

Section 30. Legal proceedings Section Proceedings against the Committee shall be deemed to be proceedings against the Government and shall be subject to the Government Proceedings Act (Cap. 40).

Section 30Verify source

§ 31MISCELLANEOUS PROVISIONS - 31. Protection from personal liabilityProvision

Members of the Committee are protected from personal liability for acts done in good faith in executing the Committee's functions, powers or duties.

Section 31. Protection from personal liability Section 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.

Section 31Verify source

§ 32MISCELLANEOUS PROVISIONS - 32. Management of information and recordsProvision

The Committee must publish and publicize important information within its mandate; requests for information may be addressed to the chairperson or a designated person and may require a reasonable fee; some information may be kept confidential or withheld if disclosure is undesirable or the information is at a deliberative stage; members and staff assigned to the Committee must sign confidentiality agreements.

Section 32. Management of information and records Section 32(1) The Committee shall publish and publicize all important information within its mandate affecting the nation. Section 32(2)(a) shall be addressed to the chairperson or such other person as the Committee may for that purpose designate and may be subject to the payment of a reasonable fee in instances where the Committee incurs an expense in providing the information; and Section 32(2)(b) may be subject to confidentiality requirements of the Committee. Section 32(3)(a) the disclosure of such information is undesirable in public interest or the interests of the administration of justice; or Section 32(3)(b) the information requested is at a deliberative stage by the Committee. Section 32(4) The right of access to information under Article 35 of the Constitution shall be limited to the nature and extent specified under this section. Section 32(5) Every member and staff assigned to the Committee shall sign a confidentiality agreement.

Section 32Verify source

§ 33MISCELLANEOUS PROVISIONS - 33. General penaltyOffence

A person who contravenes this Act commits an offence and on conviction may be punished by a fine up to one million shillings, imprisonment up to five years, or both.

Section 33. General penalty Section 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.

Section 33Verify source

§ 34MISCELLANEOUS PROVISIONS - 34. Prescribed formsProvision

The Cabinet Secretary must, subject to the Third Schedule and in consultation with the Committee, prescribe forms for filing petitions and relevant notices under this Act.

Section 34. Prescribed forms Section 34(1) Subject to the Third Schedule, the Cabinet Secretary shall, in consultation with the Committee, prescribe forms to be used for the purposes of filing petitions and relevant notices under this Act. Section 34(2) Notwithstanding subsection (1), an instrument or document which deviates from the prescribed form shall not be void by reason of a deviation and such deviation shall not affect the substance of the instrument or document, unless it is calculated to mislead.

Section 34Verify source

§ 35MISCELLANEOUS PROVISIONS - 35. RegulationsProvision

The Cabinet Secretary may make regulations to implement this Act, including specified topics; the Committee retains its power to make orders to secure justice or prevent abuse.

Section 35. Regulations Section 35(1) The Cabinet Secretary may make regulations generally for the better carrying into effect the provisions of this Act. Section 35(2)(a) the conduct of the Committee’s operations and proceedings, including the mandatory interviews of the convicted criminal prisoner; Section 35(2)(b) the manner of receiving and processing petitions; Section 35(2)(c) any summary procedure the Committee may adopt in the execution of its mandate; Section 35(2)(d) the steps that may be taken by the Committee before a determination; Section 35(2)(e) matters relating to the conditions that shall apply in the determination and circumstances that may lead to the grant of power of mercy in accordance with Article 133(1)(a) to (d) of the Constitution; Section 35(2)(f) the deployment of pardon officers to correctional facilities; Section 35(2)(g) the just, efficient and expeditious determination of petitions under the Constitution and this Act. Section 35(3) Nothing in this Act shall limit or otherwise affect the power of the Committee conferred by the Constitution or under this Act, either on its own motion or on the application of any person, to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Committee.

Section 35Verify source

§ 36MISCELLANEOUS PROVISIONS - 36. Transitional ProvisionsProvision

The provisions of section 29(2) of the Sixth Schedule to the Constitution apply to the appointment of the members of the panel and of the Committee.

Section 36. Transitional Provisions Section 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.

Section 36Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

Committee conferred by the Constitution or under this Act
Section 35
Constitution and this Act
Section 9
Constitution. Section 3. Application Section The provisions of this Act
Section 3
Criminal Procedure Code
Section 2

G–M

1 instrument

Mercy Act
Section 1

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

31 Dec 2022 · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.