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Power of Mercy Bill gets Cabinet backing in push for justice reforms

Power of Mercy Bill gets Cabinet backing in push for justice reforms
Interior Cabinet Secretary Kipchumba Murkomen while visiting Uruku G.K. Prisons in South Imenti, Meru County, on March 12, 2025. PHOTO/X
In Summary

The Bill outlines a structured process for the exercise of powers under Article 133 of the Constitution, seeking to replace outdated provisions under Cap. 94 of the Laws of Kenya.

The Cabinet has approved the Power of Mercy Bill, 2025, a proposed law aimed at modernising Kenya’s clemency process by introducing clear guidelines for presidential pardons and supporting the reintegration of reformed offenders.

The move, made during a Cabinet meeting chaired by President William Ruto at State House, Nairobi, is expected to ease prison congestion and cut down the cost of correctional services.

The Bill outlines a structured process for the exercise of powers under Article 133 of the Constitution, seeking to replace outdated provisions under Cap. 94 of the Laws of Kenya.

The Cabinet said the new framework will enhance transparency and accountability in granting pardons, ensuring that only fully rehabilitated individuals benefit from clemency.

“These reforms are expected to ease prison overcrowding and reduce the estimated annual cost of Sh87,600 per inmate,” the Cabinet noted.

Under the Bill, rehabilitated inmates may be considered for supervised early release, subject to a formal vetting process.

The proposed legislation also introduces reintegration protocols for those granted clemency to safeguard public safety while giving offenders a structured path back into society.

The Power of Mercy Advisory Committee, which advises the President on mercy petitions, will see its role strengthened under the new law. This is expected to improve the quality of vetting and ensure decisions are based on merit and rehabilitation progress.

The Cabinet said the reforms are in line with the government’s broader goal of creating a justice system that is both efficient and humane, while also reducing the financial burden on the state.

The approval of the Bill comes three months after President Ruto exercised his power of mercy on April 28, 2025, granting clemency to 56 Kenyans and one foreign national. The details were published in Kenya Gazette Vol. CXXVII–No. 101.

Among those pardoned, 31 were serving life sentences and were released conditionally after undergoing successful rehabilitation assessments.

One of them was a foreign national from an East African Community partner country who was also repatriated.

An additional 25 inmates were granted remission, allowing them to leave prison after the remaining part of their sentences was officially cancelled. President Ruto also extended general amnesty to all petty offenders serving six-month sentences or less, as well as those whose remaining terms now fall within the same period.

The Cabinet emphasised that the Power of Mercy Bill, 2025, together with the recent clemency actions, marks a shift toward a rehabilitative justice model, aiming to reduce incarceration costs and support reformed individuals as they rejoin society.

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