ADVOKS GLOBAL · KENYA
Power of Mercy Act
13. Tenure and vacancy in the office of a member
Edition: 2022-12-31 · In force
13. Tenure and vacancy in the office of a member
(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.(2)The office of a member shall become vacant if the holder—(b)resigns from office by notice in writing addressed to the President;(c)is convicted of an offence and sentenced to imprisonment for a term exceeding six months without the option of a fine;(d)is absent from three consecutive meetings of the Committee without good cause;(f)is found guilty of gross misconduct; or(g)is unable to perform any of the functions of the office.(3)The President shall notify every resignation, vacancy or termination in the Gazette within fourteen days thereof.(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.(5)A member appointed under subsection (4), shall serve for a single term of five years and shall not be eligible for re-appointment.(6)Subject to paragraph (2) of the Second Schedule, a vacancy in the Committee shall not affect the proceedings and decisions of the Committee.