AGADVOKS GLOBALKENYA · ENGLISH
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Power of Mercy Act

8. The constitution of the panel

Edition: 2022-12-31 · In force

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8. The constitution of the panel

(1)At the commencement of this Act or whenever a vacancy arises in the membership of the Committee under section 5(1)(b), as the case may be, the President shall, within fourteen days after the commencement of this Act or of the occurrence of the vacancy, by notice in the Gazette—
(a)declare vacancies in the panel; and
(b)constitute a panel.
(2)The panel referred to under subsection (1) shall comprise of one person from each of the following bodies respectively—
(a)a chairperson, who shall not be a State officer or public officer, appointed by the President;
(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;
(c)the Principal Secretary in the Ministry for the time being responsible for correctional services or his or her representative appointed in writing;
(d)the Commissioner of Prisons or his or her representative appointed in writing;
(e)a representative of the Office of the President;
(f)a representative of the Office of the Prime Minister;
(g)the joint forum of the religious organizations described in subsection (3);
(h)a representative of the commission for the time being responsible for matters of human rights; and
(i)a representative of the department or commission for the time being responsible for matters of gender.
(3)The joint forum of religious organizations referred to in subsection (2)(g) shall consist of representatives of—
(a)the Supreme Council of Kenya Muslims;
(b)the Kenya Episcopal Conference;
(c)the National Council of Churches of Kenya;
(d)the Evangelical Fellowship of Kenya; and
(e)the Hindu Council of Kenya.
(4)The Office of the President shall provide secretariat services to the panel.
(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.
(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.
(7)The quorum of the panel shall be five members.
(8)Subject to this section, the panel shall regulate its own procedure.
(9)The panel shall stand dissolved upon the appointment of the members under section 5(1)(b).
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Source: Kenya Law