Petitions for "Power of Mercy" surge as 460 inmates seek presidential pardon
The Power of Mercy Advisory Committee, chaired by Attorney General Dorcas Oduor, is tasked with reviewing these petitions.
A new report from the Power of Mercy Advisory Committee (POMAC) reveals that 460 inmates have sent petitions seeking to be considered for the Power of Mercy granted by the President.
The number of such petitions has been rising steadily in recent years, highlighting a growing interest in this avenue for reprieve.
The report shows that in the Financial Year 2019- 2020, 206 inmates submitted petitions.
In the next year, 62 inmates applied, while in FY 2021-2022, 37 petitions were received. In the Financial Year 2022-2023, however, the number rose again to 137.
The "Power of Mercy" as outlined in Article 133 (1) of Kenya's Constitution, gives the President the authority to grant reprieve to convicted offenders, including pardons, the postponement of punishments, or substituting less severe punishments.
The breakdown of the 460 petitions for this financial year shows that 131 are for defilement cases, 87 for murder, and 87 for robbery with violence.
Other petitions include those for incest, grievous harm, manslaughter, and rape, among others. A total of 10 petitions each are for trafficking/possession of narcotic drugs and attempted defilement.
The list also includes petitions for stealing, committing indecent acts with a child, and other offences like attempted murder and possession of bhang (cannabis sativa).
Supreme Court decision
The report also notes the impact of the Supreme Court decision on Petition No. 15 of 2015, which ordered that all cases where a mandatory death sentence had been imposed be re-heard. This decision has led to a decline in petitions from long-serving convicts.
However, with the automation and digitization of the petition process, there has been a significant increase in the number of petitions in the past two financial years.
Currently, there are 2,629 active petitions, of which 460 have been received in this financial year.
The report highlights that to be considered for mercy, the Committee assesses whether the inmate has served at least one-third of their sentence or, in the case of a life sentence or death sentence, has served at least five years.
The benefits conferred by Article 133 are available to any person convicted of an offence.
“The process of application for the exercise of Power of Mercy shall be by a petition in the prescribed form, and meeting the guidelines and criteria prescribed. The committee has automated the petition process and thus the admissibility test is done in the electronic system in view of the set criteria, after an evaluation of submitted information and petition documents. Where a petition is inadmissible, the petitioner is duly notified with reasons thereof,” it reads.
Other factors also come into play, including the nature of the offence, the age of the inmate at the time of the crime, their conduct in prison, and their mental and physical health.
Reviewing petitions
The Power of Mercy Advisory Committee, chaired by Attorney General Dorcas Oduor, is tasked with reviewing these petitions.
The Committee takes into account the circumstances surrounding the offence, the offender's conduct post-conviction, and any other relevant details before making recommendations to the President.
The President may then decide to grant a full or conditional pardon, postpone a punishment, substitute a lesser form of punishment, or reduce a sentence.
In July 2023, President William Ruto appointed Aggrey Mudembei Busena as the new chairperson of the Power of Mercy Advisory Committee.
Other members are Lynette Mwangi, Jonam Kenama, Dixon Mwakazi, and Reverend Martha Wairimu Kihika, among others. The Advisory Committee is also tasked with considering the views of victims when making recommendations to the President.
Top Stories Today
