NAIROBI, Kenya, Oct 10 — The Cabinet has approved a national policy on the Power of Mercy as part of reforms geared at promoting rehabilitation of offenders.
A cabinet dispatch released Monday indicated that the move was in “recognition of the need to better promote the rehabilitation of offenders in a manner that doesn’t imperil public safety or negate the concerns of victims.”
The policy guidelines provide for the criteria for the exercise of the presidential prerogative of mercy as set out under Article 133 of the Constitution.
“The prerogative is a special authority conferred upon the Head of State and Government that empowers the President to grant pardons or commutations of sentences to rehabilitated and deserving offenders,” Cabinet Office said in a dipatch from Kisumu State Lodge.
The development came days after President William Ruto re-constituted the Advisory Committee on the Power of Mercy, appointing seven new members in Gazette Notice No. 13357.
Commutation of death sentences
The Advisory Committee on the Power of Mercy includes the Attorney General, the Cabinet Minister in charge of correctional services and at least five other members.
Members of the new committee named on October 5 includes: John Kutswa Olaka, Jane Wanjiru Kuria, Lorna Mutoro Mumelo, Bishar Maalim Abdullahi Patrick Musau Musila, Edward Kibiwott and Humpton Rogers Namu.
The committee will serve for a period of five years.
On July 25, President Ruto has commuted death sentences imposed before November 22, 2022 to life imprisonment in compliance with the Constitution.
Through a gazette notice, the Head of State made the decision following the recommendation by the power of mercy advisory committee.
According to Attorney General Justin Muturi, the directive would apply to all convicts sentenced to death as of November 21, 2022.
“It is notified for the general information of the public that in the exercise of the powers conferred by Article 133 of the Constitution of Kenya and section 23 (1) of the Power of Mercy Act, 2011, the President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, commuted the death sentence imposed on every capital offender as at November 21, 2022, to a life sentence,” the notice stated.
