Power of Mercy Commissioners sworn in

Inmates at King'ong'o Prison. Prisoners facing capital offences have accused their State provided lawyers of soliciting for bribes from them in exchange for bond applications. FILE PHOTO | NATION MEDIA GROUP

Members of the Advisory Committee on the Power of Mercy have been sworn in, setting in motion the granting of a free or conditional pardon to convicts, postponing a punishment or substituting it.

According to Article 133 of the Constitution, the President may exercise a power of mercy in accordance with the advice of the Advisory Committee.

Members sworn in on Monday at the Supreme Court by Senior Deputy Registrar Paul Rotich were Attorney General Githu Muigai who will chair the committee, Florence Kajuju Gitonga, Regina Saira Boisabi and Ann Wanjiku Waihura.

Others were Rev Charles Anabaka, Dr Hemed Twahir, Rev David Sawe and Mohamed Omar Ahmed.

The Commissioner of Prisons and a representative from Correctional Services who are also members of the committee were absent.

The Committee will advise the President on petitions of mercy and pardon after taking views of the victims of the offence in respect to their sentences.

In addition to the functions set out in Article 133 of the Constitution, the Committee shall work with State organs responsible for correctional services to educate people on the power of mercy and procedures relating to applications for its exercise.

It will also carry out independent investigations to make a determination on a petition for power of mercy.

The Committee shall have powers to receive written or oral statements and to conduct interviews of the individuals on whose behalf the request to be granted the power of mercy is made.

According to the power of mercy Act, any person may petition the President, through the Committee, to exercise the power of mercy and grant any relief sought.

However, the Committee will not accept the request of any person who is on probation or serving a suspended sentence or an application where a judicial proceeding is pending before a court.

Upon receipt of a petition for the exercise of the power of mercy, the Committee shall determine the admissibility of the petition, review reports from government before making a recommendation to the President.

In determining the admissibility of any petition the Committee may consider whether the convicted prisoner has served at least one third of the sentence pronounced by a court.

It will also consider whether a person who is convicted and sentenced to imprisonment for life or to death and whose sentence has not been effected, has served for at least five years.

Convicts suffering from terminal diseases will also have an opportunity to be considered under the power of mercy.

The Committee shall consider the age of the convict at the time of the commission of the offence, circumstances surrounding the commission of the offence, nature of offence and whether it’s the first offence.

Length of period served in remand will also be considered, mental and physical health, character and reputation as well as a report of fellow inmates.

Upon receiving the committee’s recommendation, the President shall consider it and either approve or reject the petition within 30 days. His decision shall be final.

Where the President approves or rejects a recommendation, the committee shall notify the petitioner or their representative of the decision within seven days.