Cabinet Approves Power of Mercy Bill 2025 to Modernise Pardons and Ease Prison Overcrowding

Nairobi, Kenya – August 1, 2025

Kenya’s Cabinet has given the green light to the Power of Mercy Bill 2025, a landmark piece of legislation aimed at overhauling the presidential pardon system and introducing structured early-release programs to help address rising prison congestion.

The proposed law seeks to strengthen the Power of Mercy Advisory Committee (PMAC) — the constitutional body mandated to advise the President on clemency decisions — by providing a clear legal framework for how pardons, commutations, and reprieves are granted and monitored.

From Discretion to Structure: A New Era for Clemency

The Cabinet, chaired by President William Ruto at State House Nairobi, said the Bill aligns Kenya’s criminal justice system with modern rehabilitation and restorative justice practices. If enacted, it would replace the current ad hoc approach to presidential mercy with a system based on eligibility criteria, transparency, and post-release supervision.

According to a statement from the Office of the Attorney General, the Bill introduces:

• Clear eligibility thresholds for applicants, including conduct in custody, sentence served, and rehabilitation progress.

• Community-based reintegration programs for those granted early release, such as counseling, skills training, and probation.

• Mandatory post-release supervision, including possible electronic monitoring for high-risk individuals.

• Annual reporting and gazettement, to ensure public transparency and build trust in the clemency process.

Attorney General Justin Muturi described the legislation as “a critical instrument to uphold justice with compassion while protecting public interest and maintaining institutional integrity.”

Tackling Overcrowding and Reoffending

Kenya’s penal system has long struggled with overcrowding, with some facilities operating well beyond capacity. The new law is expected to reduce the burden on correctional institutions by identifying non-violent and low-risk offenders for early release under strict supervision.

President Ruto has previously called for reforms that balance deterrence with rehabilitation. “Mercy must be earned, not gifted,” the President said during last year’s prison reforms summit. “But when it is granted, it must be meaningful — both for the offender and the society receiving them back.”

If passed by Parliament, the Power of Mercy Bill 2025 will give PMAC enhanced operational independence, with representation from civil society, religious institutions, mental health professionals, and victims’ advocacy groups.

Justice reform advocates have welcomed the move but called for safeguards to prevent political interference or misuse of the clemency process. Others emphasized the importance of public awareness, noting that many prisoners are unaware they can apply for mercy.

Next Steps

The Bill will now be tabled in Parliament for debate. Once passed into law, the new framework will apply to all new applications for clemency and will also be retroactively reviewed for pending cases under PMAC consideration.

The move marks a significant step in Kenya’s broader agenda to humanize its criminal justice system, promote rehabilitation, and strike a better balance between justice, mercy, and reintegration.