ADVOKS GLOBAL · KENYA
Power of Mercy Act
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
(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.(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.