Press Release

Public Notice

PUBLIC NOTICE

The Hon Attorney General through a Kenyan Gazette No.7382 of 25th September, 2020 constituted a Taskforce on Review of the laws related to the exercise of the Power of Mercy under Article 133 of the Constitution of Kenya.

The Taskforce on Review of the laws relating to the Exercise of Power of Mercy in its final report presented to the Hon. Attorney General on Thursday 16th December, 2021 recommended among others, review of the Power of Mercy Policy Framework as well as Legal framework to give full effect to provisions of Article 133. The documents below are downloadable ease of reference.

  1. Public Notice
  2. The Kenya Gazette
  3. The Task Force Report
  4. Draft Power of Mercy Policy Framework
  5. Draft Power of Mercy Act (Amendment) Bill 2021

Pursuant to Articles 1(2), 10(2) (a) and 35(1)(3) of the constitution and sections 4(a) and 5(3) (a) and (b) of the Statutory Instruments Act, 2013, the Taskforce on Review of the laws relating to the exercise of the Power of Mercy under Article 133 of the Constitution of Kenya, 2010 invites interested members of the public and stakeholders to submit any comments or inputs or memoranda they may have on the said policy and bill within 21 days from the date of publication of this Notice. The comments, inputs or memoranda may be forwarded to the secretariat through the following address;

The joint secretaries

Taskforce on Review of the Power of Mercy under

Article 133 of the Constitution

Power of Mercy Advisory Committee

P.O Box 79960-00200

Nairobi

Or emailed to; sec.pomac@cabinetoffice.go.ke

Final leg of the public debate on capital punishment kicks off tomorrow Wednesday in Kirinyaga County

The Power of Mercy Advisory Committee (POMAC) will on Thursday 18th August, 2016 visit the Nairobi West Prison to sensitize and educate prisoners and staff working in the correctional facility on the power of mercy and procedures relating to its application. The activity will take place at 10.30 a.m. During the Nairobi West Prison visit, the Committee will also seek the views of persons in the correctional facility on the death penalty. One of the core functions of the Committee is to undertake or commission research and collect data on matters relating to the power of mercy. At present, POMAC in partnership with the National Crime Research Centre is conducting a national public debate to solicit views from the general public, on the subject of capital offences and capital punishment. The objective of the debate is to provide an open dialogue on what Kenyans want in regard to the handling of capital offenders and the management of capital offences.

Team wants kids out of jail

The Power of Mercy Advisory Committee wants the law reviewed for pregnant women or those with small children to be given alternative punishments for crime. Vice chairperson Regina Boisabi said children live in deplorable conditions in jail. She spoke at Murang’a Women’s Prison on Friday. Boisabi said the judiciary should consider community service, probation, suspended sentences and conditional discharge, especially for minor offences.

A Kenyan delegation is in Oslo, Norway to attend the 6th World Congress against the Death Penalty.

The three day Congress, starting today, seeks to assist countries develop new strategies for universal abolition of the death penalty. This year’s theme is Abolition Now! The Kenyan delegation, under the leadership of the Power of Mercy Advisory Committee (POMAC),

is expected to present the Kenya position on the ongoing global debate on the death penalty. POMAC is mandated to advice the President of the Republic of Kenya on the exercise of the power of mercy. It is a nine member Committee that includes the Attorney General, who is the Committee’s chairperson, the Cabinet Secretary responsible for Correctional Services, and seven professional part time members. Mr. Michael Kagika the POMAC secretary and Mr. Gerald Wandera a director with the National Crime Research Centre (NCRC) are leading the Kenyan delegation into the meeting. The annual event, now in its 5th year running, brings together Government Representatives, Members of the Civil Society, Political
Representatives, Lawyers, media, and other key stakeholders keen on raising awareness on the death penalty. The Power of Mercy Advisory Committee was established through Article 133 of the Constitution of Kenya, 2010. Since its inception on Nov 1, 2011, 4,500 death row inmates have so far benefitted from the Power of Mercy after having their death sentences commuted into life. In addition to the constitutional mandate, The Power of Mercy Act, 2011 assigns the Committee with functions that support its work including to undertake or commission research and to collect data on matters relating to the power of mercy. Currently, POMAC in partnership with the National Crime Research Centre, is conducting a National Public debate to solicit views from the general public, on the subject of capital offences and capital punishment. The objective of the debate is to provide an open dialogue on what Kenyans want in regard to the handling of capital offenders and the management of capital offences.