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Article 133 · Part 2—The President and Deputy President

Power of mercy

In plain English

On anyone's petition, the President may pardon a convicted person, postpone or reduce a punishment, or remit it, acting on the advice of an Advisory Committee on the Power of Mercy. The Committee may consider victims' views.

The official text

(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.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.