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  1. Constitutions
  2. Kenya
  3. Power of mercy

🇰🇪 KenyaConstitution

Constitution of Kenya, 2010

Power of mercy

Chapter Nine THE EXECUTIVE

Jurisdiction
Kenya
Provision
133
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
(1) On the petition of any person, the President may exercise a power of mercy in accordance with the advice of the Advisory Committee established under clause (2), by— (a) granting a free or conditional pardon to a person convicted of an offence; (b) postponing the carrying out of a punishment, either for a specified or indefinite period; (c) substituting a less severe form of punishment; or (d) remitting all or part of a punishment. (2) There shall be an Advisory Committee on the Power of Mercy, comprising— (a) the Attorney-General; (b) the Cabinet Secretary responsible for correctional services; and (c) at least five other members as prescribed by an Act of Parliament, none of whom may be a State officer or in public service. (3) Parliament shall enact legislation to provide for— (a) the tenure of the members of the Advisory Committee; (b) the procedure of the Advisory Committee; and (c) criteria that shall be applied by the Advisory Committee in formulating its advice. (4) The Advisory Committee may take into account the views of the victims of the offence in respect of which it is considering making recommendations to the President.

Source record

Source and verification

Constitution of Kenya, 2010 · new.kenyalaw.org · Retrieved 17 August 2026.

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