460 inmates seek presidential pardon as petitions surge

A recent report from the Power of Mercy Advisory Committee (POMAC) reveals that 460 inmates have submitted petitions in hopes of benefiting from the President’s Power of Mercy. This marks an increase in the number of such petitions.

The report outlines a clear trend in the number of applications over the years. In the 2019-2020 financial year, 206 petitions were received.

This number decreased in the following year to 62, and further dropped to 37 in the 2021-2022 period.

However, the number surged again to 137 in the 2022-2023 financial year and now stands at 460 for the current period.

The Power of Mercy, as described in Article 133 (1) of Kenya's Constitution, allows the President to grant reprieves to convicted individuals, including pardons, postponements of punishments, or substituting less severe punishments.

The breakdown of the 460 petitions for the current financial year includes 131 cases for defilement, 87 for murder, and 87 for robbery with violence. Other crimes represented in the petitions include incest, grievous harm, manslaughter, and rape.

The list also includes 10 petitions each for trafficking or possession of narcotics and attempted defilement.

The report also reflects on the impact of the Supreme Court’s ruling in Petition No. 15 of 2015, which ordered the re-hearing of cases where mandatory death sentences had been imposed.

This ruling has contributed to a decline in petitions from long-serving inmates.

However, the increasing use of technology has made the petition process more accessible, resulting in a significant rise in applications in the past two years.

As of the latest figures, there are 2,629 active petitions, with 460 being processed in the current financial year.

For a petition to be considered, the Committee assesses whether the applicant has served at least one-third of their sentence for determinate sentences, or at least five years for life or death sentences.

“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 report states.

"The committee has automated the petitions 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.”

Other factors considered include the nature of the offense, the age of the offender at the time of the crime, their behavior in prison, and their mental and physical health.

The Power of Mercy Advisory Committee, led by Attorney General Dorcas Oduor, is responsible for reviewing and evaluating petitions before making recommendations to the President.

Once the Committee reviews the petitions, it makes recommendations based on the circumstances of the case.

The President may then decide to grant a full or conditional pardon, postpone punishment, substitute a lesser sentence, or reduce the punishment.

In July 2023, President William Ruto appointed Aggrey Mudembei Busena as the new chairperson of the Power of Mercy Advisory Committee.

Other members of the Committee include Lynette Mwangi, Jonam Kenama, Dixon Mwakazi, and Reverend Martha Wairimu Kihika, among others.

The Committee is also required to consider the views of the victims when advising the President.