About 460 inmates serving various sentences have sent petitions to be considered under the Power of Mercy granted by the president, a new report shows.

The report from the Power of Mercy Advisory Committee (POMAC) shows the number has been increasing since 2019/2020 financial year where 206 inmates sent petitions,  in the 2020/2021 financial year 62 inmates applied to be pardoned,  the 2021/2022 financial year 37 inmates sent petition while in the 2022/2023 financial year, 137 inmates applied.

Under article 133 (1) of the constitution, the “power of mercy” refers to the President’s prerogative to grant reprieve to convicted offenders, including pardons, postponing punishments, substituting less severe punishments.

Of the 460-petition received for pardon, those who committed crimes under the defilement category are 131, those under murder are 87, those under robbery with violence are 87, those under incest by male are 25, those under grievous harm are 22, those under manslaughter are 20 while those under rape are 18.

The other petitions received  under  trafficking/possession of narcotic drugs as well as attempted defilement are 10 each, those under stealing and committing indecent act with a child are 9 nine each, and defilement and stealing stock four each, attempted murder, possession of bhang/cannabis sativa, stealing by servant, assault causing actual body harm, burglary and stealing  and malicious damage to property are 3 each, gang rape, attempted robbery, being in possession of alcoholic drinks, attempted rape, threatening to kill are two each among others.

POMAC is chaired by Attorney General Dorcas Oduor.

Supreme Court decision

The report tabled in National Assembly in March notes that following the Supreme Court decision on the petition No 15 of 2015 between Francis Karioko Muruatetu & another and the Republic which ordered that all cases where the mandatory death sentence had been imposed to be re-heard, a significant number of long serving convicts had opted to seek for a review of the initial sentence there was a steady decline in the number of petitions received.

Reads the report: “However arising from the automation and digitization of the petition process, there has been a substantial increase in the number of petitions received in the last two financial years.”

The report says that there are currently 2,629 active petitions out of which 460 have been received during this financial year which have been processed in the database alongside new applications received.

Further, it says that the for one to be admissible for the power of Mercy, the he Committee considers whether, the convicted criminal prisoner has served at least one third of the  sentence pronounced by a court (for determinate sentences), Where a person who is convicted and sentenced to imprisonment for life or to death and whose sentence has not been affected has served for at least five years and any other relief that the committee may consider necessary.

Prescribed

Reads the report: “The benefits conferred by Article 133 are available to any person convicted of an offence. The process of application for the exercise of Power of Mercy shall be by a petition in the prescribed form, and meeting the guidelines and criteria prescribed.”

It adds:  “The committee has automated the petitions process and thus the admissibility test is done in the electronic system in view of the set criteria, after an evaluation of submitted information and petition documents. Where a petition is inadmissible, the petitioner is duly notified with reasons thereof.”

When making a recommendation under article 133 of the constitution, the Power of Mercy Committee considers the age of the convicted criminal offender at the time of the commission of the offences, the circumstances surrounding the commission, whether the person for whose benefit the petition is made is a firsts offender, the nature and seriousness of the offence, the length f the period served, the personal circumstances of the offences at the time of making the petition including mental, physical health and disabilities, the post-conviction conduct among others.