How to petition the President for a pardon (power of mercy)
Power of Mercy Act, 2011 and Constitution Art. 133 · sources read 4 Oct 2026
Anyone can petition the President for mercy (a pardon, a lighter sentence or remission) through the Power of Mercy Advisory Committee, using the prescribed form, with or without a lawyer. The President decides within 60 days of the Committee's recommendation, and the decision is final.
- How long
- The President decides within 60 days of getting the Committee's recommendation
- Deadline
- The President must approve or reject within 60 days of receiving the Committee's recommendation.
- Where
- The Power of Mercy Advisory Committee (secretariat in the Office of the President); petition forms are available in prisons
Steps
- Fill in the prescribed power of mercy petition form. Prisons (correctional facilities) must have the forms and information.
- Give the details the law asks for: who is petitioning, the person convicted, the offence, the relief you want and your grounds, time served and conduct since conviction.
- Send the petition to the President through the Power of Mercy Advisory Committee. You can file it yourself, through a representative who is not an advocate, or electronically.
- The Committee may call for evidence or interviews, then advises the President. You are told the decision in writing within 7 days of it being made.
- If the petition is rejected, you can petition again only once, and only on new grounds.
Watch out
- You cannot petition while a court case or appeal is still pending, or while the person is on probation or serving a suspended sentence.
- The Committee may look at whether at least a third of the sentence has been served, or at least 5 years for a life or death sentence.
- A pardon is not an acquittal. The President's decision is final, and victims may be told and heard.
Who this covers
- Any person can petition, for themselves or for someone else convicted of an offence.
- The relief can be a free or conditional pardon, postponing the punishment, a lighter punishment, or cutting all or part of it.
Official sources (2)
- Power of Mercy Act, 2011 (No. 21 of 2011) new.kenyalaw.org · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026