NAIROBI, Kenya, Feb 17 — The Power of Mercy Advisory Committee has released detailed records on the exercise of the presidential power of mercy following a formal intervention by the Commission on Administrative Justice (CAJ), after months of silence on an access-to-information request.
The disclosure follows a complaint lodged by a law firm under the Access to Information Act, 2016, after its request for records on the exercise of the power of mercy went unanswered within the statutory timelines.
The firm had initially sought information from the Office of the Attorney General on three areas: recommendations made by the Committee to the President since its inception; notifications of the grant or denial of petitions, including reasons for denial; and annual reports on the Committee’s activities.
However, the Office of the Attorney General failed to process the request within the required 21 days.
Upon review, the Commission found that the request had been improperly addressed, noting that the Attorney General’s office is not the designated Access to Information Office under Section 7 of the Act.
“The firm was accordingly advised to redirect the request to the Solicitor General within the Office of the Attorney General and Department of Justice and thereafter, if necessary, invoke the Commission’s review jurisdiction upon expiry of the statutory timelines,” the Office of the Ombudsman stated.
The firm subsequently resubmitted the request to the Solicitor General. In a letter dated May 21, 2025, the Attorney General acknowledged receipt but clarified that the information sought fell within the mandate of the Power of Mercy Advisory Committee under Section 5 of the Powers of Mercy Act.
23,688 pardons
The request was forwarded to the Committee’s Secretary for processing. Despite this, no response was provided within the prescribed period.
After four months without a response, the firm lodged a formal application for review before the Commission, prompting the Ombudsman to engage the Committee’s Secretary and Chief Executive Officer and demand an institutional report within seven days.
Following the Commission’s intervention, the Committee released the requested information and provided a summary of its recommendations granted by the President between 2014 and 2025.
During this period, 293 long-term offenders were recommended for and granted pardons, 3,409 death sentences were commuted to life imprisonment, and 20,279 petty offenders received pardons.
The Committee further confirmed that since its inception, the President has not declined any petition recommended by the Committee.
It also indicated that annual reports on its activities are publicly available on its official website.
The disclosure comes against the backdrop of broader reforms to Kenya’s clemency framework.
Power of mercy policy
In October 2023, the Cabinet approved a national policy on the Power of Mercy aimed at promoting offender rehabilitation while safeguarding public safety and addressing victims’ concerns.
The policy outlines criteria for the exercise of the presidential prerogative of mercy under Article 133 of the Constitution, which empowers the President to grant pardons or commute sentences for rehabilitated and deserving offenders.
The policy approval coincided with the reconstitution of the Power of Mercy Advisory Committee, with President William Ruto appointing seven new members through Gazette Notice No. 13357.
The Committee comprises the Attorney General, the Cabinet Secretary responsible for correctional services, and at least five other members: John Kutswa Olaka, Jane Wanjiru Kuria, Lorna Mutoro Mumelo, Bishar Maalim Abdullahi, Patrick Musau Musila, Edward Kibiwott, and Humpton Rogers Namu.
The members serve a five-year term.
In July 2023, President Ruto commuted all death sentences imposed before November 22, 2022, to life imprisonment following recommendations by the Committee.
