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Post Reply: Cabinet Approves Power of Mercy Bill 2025 to Reform Presidential Pardons and Clemency

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 30, 2025, 10:22 am</div><div id="pl-7301"  class="panel-layout" ><div id="pg-7301-0"  class="panel-grid panel-no-style" ><div id="pgc-7301-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7301-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">The Cabinet has approved the Power of Mercy Bill 2025, a legislative proposal aimed at restructuring the process for granting presidential pardons and clemency. The bill, which seeks to enhance transparency, accountability, and fairness in the exercise of the presidential prerogative of mercy, marks a pivotal moment in Kenya’s ongoing efforts to balance justice with rehabilitation while addressing prison overcrowding and public safety concerns.</p>
<p dir="ltr">The presidential power of mercy, enshrined in Article 133 of the Kenyan Constitution, grants the President authority to issue pardons, commute sentences, postpone punishments, or remit fines for convicted offenders. This prerogative is designed to offer second chances to rehabilitated individuals and correct potential miscarriages of justice. The Power of Mercy Advisory Committee (POMAC), chaired by the Attorney General and including the Cabinet Secretary for correctional services and at least five other members, plays a critical role in reviewing petitions and advising the President on clemency decisions.</p>
<p dir="ltr">In recent years, the number of petitions for presidential mercy has surged, reflecting growing public interest in this mechanism. For instance, in the 2022-2023 financial year, POMAC received 137 petitions, a significant increase from the 37 petitions submitted in 2021-2022. This upward trend underscores the need for a structured and transparent framework to handle such requests, a gap the Power of Mercy Bill 2025 aims to address.</p>
<p dir="ltr">The Power of Mercy Bill 2025 introduces several reforms to streamline and regulate the clemency process. The legislation outlines clear criteria for exercising the presidential prerogative, ensuring that decisions are consistent and aligned with principles of justice and rehabilitation. Key provisions include:</p>
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<p dir="ltr"><strong>Structured Criteria for Clemency</strong>: The bill establishes specific guidelines for granting pardons, commutations, or reprieves, prioritizing rehabilitated offenders who demonstrate remorse and readiness to reintegrate into society. This aims to prevent arbitrary decisions and ensure fairness.</p>
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<p dir="ltr"><strong>Enhanced Role of POMAC</strong>: The Advisory Committee will have a formalized structure, with defined procedures for reviewing petitions. The bill mandates that POMAC consider victims’ perspectives, ensuring that clemency decisions do not overlook the impact on those affected by the original offenses.</p>
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<p dir="ltr"><strong>Transparency and Accountability</strong>: To address concerns about secrecy in past clemency processes, the bill emphasizes public accountability. It requires POMAC to provide clear justifications for its recommendations and mandates periodic reporting to Parliament on clemency decisions.</p>
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<p dir="ltr"><strong>Support for Rehabilitation</strong>: The bill aligns with broader criminal justice reforms by promoting rehabilitation over punitive measures. It encourages the use of clemency to reduce prison overcrowding, which currently strains Kenya’s correctional facilities, costing an estimated significant amount per inmate annually.</p>
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<p dir="ltr"><strong>Legislative Oversight</strong>: The bill proposes that Parliament enact laws to regulate the tenure of POMAC members and establish a clear procedure for the committee’s operations, further institutionalizing the process.</p>
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<p dir="ltr">The approval of the Power of Mercy Bill 2025 comes at a time when Kenya’s prison system faces significant challenges, including overcrowding and high operational costs. By facilitating the release of rehabilitated offenders, the bill aims to alleviate pressure on correctional facilities while promoting reintegration into society. The legislation also responds to public and parliamentary calls for greater transparency in the exercise of presidential clemency, particularly following high-profile cases that raised questions about fairness and consistency.</p>
<p dir="ltr">For example, on April 28, 2025, President William Ruto exercised his power of mercy to release 57 prisoners, including 31 individuals serving life sentences and one foreign national from an East African Community partner state. This decision, based on POMAC recommendations, highlighted the potential of clemency to offer second chances while sparking discussions about the need for a formalized process to guide such actions.</p>
<p dir="ltr">The bill has garnered support from various stakeholders, including criminal justice reform advocates, who see it as a progressive step toward a more equitable system. Legal experts have praised the emphasis on transparency and victim inclusion, noting that these measures could rebuild public trust in the clemency process. However, some critics argue that the bill must include robust safeguards to prevent potential abuse of the presidential prerogative, ensuring that clemency is not used for political purposes.</p>
<p dir="ltr">Civil society organizations have also called for public participation in the legislative process, urging Parliament to hold consultations to incorporate diverse perspectives before the bill is enacted. These groups emphasize the importance of balancing mercy with justice to avoid undermining victims’ rights or public safety.</p>
<p dir="ltr">With Cabinet approval secured, the Power of Mercy Bill 2025 will now proceed to Parliament for debate and enactment. Lawmakers are expected to scrutinize the bill’s provisions, particularly those related to POMAC’s operations and the criteria for clemency. The legislative process will likely involve public hearings to gather input from citizens, legal experts, and advocacy groups.</p>
<p dir="ltr">Once enacted, the bill is expected to transform the clemency process in Kenya, making it more structured, transparent, and aligned with modern criminal justice principles. The reforms could also set a precedent for other African nations grappling with similar challenges in their justice systems.</p>
<p dir="ltr">The Power of Mercy Bill 2025 represents a bold step toward reforming Kenya’s approach to presidential pardons and clemency. By establishing clear guidelines, enhancing transparency, and prioritizing rehabilitation, the bill seeks to create a fairer and more humane criminal justice system. As it moves through Parliament, the legislation will likely spark robust debate, reflecting its significance in shaping the future of justice and mercy in Kenya.</p>
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