Mandate

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:

  1. Granting a free or conditional pardon to a person convicted of an offence;
  2. Postponing the carrying out of a punishment, either for a specified or indefinite period;
  3. Substituting a less severe form of punishment; or
  4. Remitting all or part of a punishment.

Vision & Mission

Vision

To be the most efficient and effective Advisory Committee on the exercise of the Power of Mercy

Mission

To receive petitions from convicted criminal prisoners, consider, review, hear and conduct interviews, investigate research, collect data, educate and collaborate with other state and non-state organs to ensure His Excellency the President receives timely, objective, independent and accurate advice on the pardon of deserving petitioners in a just, fair and ethical manner.

Motto & Core Values

Motto

Power and Mercy at it’s best

Core Values

  • Integrity,
  • Transparency,
  • Accountability,
  • Professionalism,
  • Social Justice,
  • Team Work

Composition of The Committee

The Advisory Committee on the Power of Mercy is comprised of:

  • The Honorable Attorney General who is the Chairman
  • The Cabinet Secretary responsible for Correctional Services
  • Seven (7) other members who are not State Officers or in Public Service appointed by the President to serve on part time basis for a five year non-renewable term

Functions of The Committee

In addition to advising the president in the exercise of the power of mercy, the Committee has the following functions:

  1. a) Undertake or commission research and collect data on matters relating to the Power of Mercy;
  2. b) Work with State organs responsible for correctional services to educate persons in correctional facilities on the power of mercy and procedures relating to applications for its exercise;
  3. c) Carry out any necessary investigations required to make a determination on a petition for Power of Mercy;
  4. d) Partner with State and non-state actors to educate the public on the nature and implications of the Power of Mercy;
  5. e) Undertake such other activities as may be necessary for the discharge of its functions and exercise of its powers; and
  6. f) Carry out any other function as may be conferred on it under any other written law.

Powers of The Committee

In the execution of its functions, the Committee has all powers necessary under the legal framework:

  1. a) To determine its procedure;
  2. b) Where appropriate, receive written or oral statements;
  3. c) To establish sub-committees;
  4. d) Co-opt into its sub-committees persons whose knowledge and expertise it requires;
  5. e) Is not bound by the strict rules of evidence; and
  6. f) Conduct interviews of individuals on whose behalf the petition is made.

Criteria Used By The Committee

The recommendation of the Committee on respective petitions is informed by the following considerations:

  1. a) The age of the convicted criminal offender at the time of commission of the crime
  2. b) The circumstances surrounding the commission of the offence
  3. c) Whether the person is a first offender or otherwise
  4. d) The nature and seriousness of the offence
  5. e) The length of period so far served by the convicted criminal offender
  6. f) The length of period served by the convicted prisoner while in remand
  7. g) The personal circumstances of the offender at the time of making the petition including the mental state, physical health and any disabilities
  8. h) The interest of the State and community
  9. i) The post-conviction conduct, character and reputation of the prisoner
  10. j) Official recommendations and reports from the state organs and departments responsible for correctional services i.e the prison, welfare, rehabilitation, medical, probation, court proceedings amongst other relevant reports
  11. k) Where the petitioner has opted to pursue other available remedies the outcome of such avenue
  12. l) The representation of the victim where applicable.

 

Contact details:

  • The Power of Mercy Advisory Committee
  • 2nd floor, Kencom House, Moi Avenue
  • P.O.Box 79960 – 00200 Nairobi Kenya
  • Tel: 020 2242030/0202242031
  • Email: sec.pomac@cabinetoffice.go.ke