EXPLAINER: What is a presidential pardon

On Monday, President William Ruto exercised his constitutional prerogative of mercy, releasing at least 57 prisoners from various correctional facilities across the country.

The decision followed recommendations by the Power of Mercy Advisory Committee (POMAC).

The acts of mercy include the conditional release of 31 prisoners serving life sentences.

One foreign national from an East African Community partner state was also granted conditional release and repatriation.

Additionally, 25 individuals were granted remission and released after a reduction of the unexpired portion of their custodial sentences.

The President also granted general amnesty to all petty offenders serving six months or less.

Offenders with longer sentences but with six months or less remaining were also covered by the amnesty.

What is a presidential pardon?

It is an expression of the president's forgiveness and ordinarily is granted in recognition of the applicant's acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence.

It, however, does not signify innocence.

In Kenya, it is established under Article 133 of the Constitution (Power of Mercy).

Under the power of mercy, the President can grant a free or conditional pardon to a person convicted of an offence, and postpone the carrying out of a punishment, either for a specified or indefinite period.

The president can also substitute a less severe form of punishment or remit all or part of a punishment.

This is done following recommendations from an Advisory Committee on the Power of Mercy, comprising the Attorney-General, the Cabinet Secretary responsible for correctional services and at least seven (7) other members who possess diverse professional expertise, skills and knowledge and are competitively selected by a special panel constituted by His Excellency the President.

Any person who is a convicted prisoner and is not serving a non-custodial sentence or has a pending court process can apply for a pardon.

To be eligible, the petitioner must have served at least one-third (1/3) of the sentence, while those on a life or death sentence must have served at least five years.

In assessing a petitioner, the Committee considers, amongst others: age of the convicted criminal prisoner, circumstances, nature and seriousness of the offence, period served, as well as the personal circumstances of the offender.

Other considerations include the interest of the State and community; post-conviction conduct and reports from Prison and Probation.

A petitioner may apply individually or through an advocate in writing or electronically to the Power of Mercy Advisory Committee (POMAC).

Any petitioner can appeal only once after rejection and on new grounds to the President through POMAC.