Kenya’s Cabinet Approves Power of Mercy Bill to Modernise Presidential Pardons

Nairobi, Kenya – August 6, 2025

Kenya’s Cabinet has approved a landmark proposal to overhaul the Power of Mercy framework, paving the way for a more accountable, transparent, and rehabilitative approach to presidential pardons.

The Power of Mercy (Amendment) Bill, 2025, endorsed during Tuesday’s Cabinet meeting chaired by President William Ruto at State House Nairobi, seeks to introduce modern checks and expand eligibility criteria for convicts seeking clemency under Article 133 of the Constitution.

Key Provisions in the Bill

The proposed law will formally anchor into statute the Power of Mercy Advisory Committee, which guides the President on pardon decisions. While the committee has existed under constitutional provisions, its expanded powers and procedural clarity will now be codified into law — a move designed to insulate mercy decisions from political manipulation and opaque processes.

Among the notable provisions:

• Introduction of a digitised convict database, allowing authorities to monitor and assess prisoners seeking pardon more efficiently.

• Stricter eligibility criteria, including behavioral assessments and demonstrated rehabilitation.

• Mandatory victim-impact statements and public participation for serious offences, ensuring communities are involved in clemency deliberations.

• Supervised early-release frameworks for select cases, tied to rehabilitation milestones and reintegration plans.

Rationale: Human Rights and Prison Reform

The Cabinet statement noted that the reform aligns with broader criminal justice goals, including reducing prison congestion, enhancing human rights protections, and promoting a restorative justice model.

With over 60,000 inmates in Kenya’s correctional system — many of them pre-trial detainees or low-level offenders — the Power of Mercy Bill is being positioned as a tool to relieve pressure on prisons while ensuring justice is not compromised.

Attorney General Justin Muturi, who is expected to table the Bill in Parliament, called it a “milestone in humanising our penal system without sacrificing public safety.”

Balancing Clemency with Accountability

Presidential pardons in Kenya have long been shrouded in controversy, with past administrations accused of granting clemency to politically connected individuals or dangerous criminals without public consultation. The new framework is intended to restore trust in the process by establishing evidence-based, merit-driven decision-making.

The proposed law also provides mechanisms for judicial review of presidential mercy decisions in limited circumstances — a controversial but significant shift that aims to align executive clemency powers with modern constitutional accountability.

Next Steps

The Power of Mercy (Amendment) Bill will be submitted to Parliament in the coming weeks for debate and public participation. If passed, it will become one of the most significant criminal justice reforms enacted since the 2010 Constitution came into effect.