Article 133 of the Constitution of Kenya, 2010 provides for the Power of Mercy, which entails granting pardons to convicted criminal offenders by the President. The Power of Mercy Act was enacted in the year 2011 to operationalize and give effect to this provision. The Constitution further establishes the Power of Mercy Advisory Committee with a mandate to advise the President on the exercise of the Power of Mercy.
The President exercises a Power of Mercy in accordance with the advice of the Power of Mercy Advisory Committee by:
- Granting a free or conditional pardon to a person convicted of an offence;
- Postponing the carrying out of a punishment, either for a specified or indefinite period;
- Substituting a less severe form of punishment; or
- Remitting all or part of a punishment.