Chapter 9: THE EXECUTIVEPart 2 — THE PRESIDENT AND DEPUTY PRESIDENT

Article 133. Power of mercy

Navigate this chapter (30 articles)

• 129. Principles of executive authority
• 130. The National Executive
• 131. Authority of the President
• 132. Functions of the President
• 133. Power of mercy (current)
• 134. Exercise of presidential powers during temporary incumbency
• 135. Decisions of the President
• 136. Election of the President
• 137. Qualifications and disqualifications for election as President
• 138. Procedure at presidential election
• 139. Death before assuming office
• 140. Questions as to validity of presidential election
• 141. Assumption of office of President
• 142. Term of office of President
• 143. Protection from legal proceedings
• 144. Removal of President on grounds of incapacity
• 145. Removal of President by impeachment
• 146. Vacancy in the office of President
• 147. Functions of the Deputy President
• 148. Election and swearing in of Deputy President
• 149. Vacancy in the office of Deputy President
• 150. Removal of Deputy President
• 151. Remuneration and benefits of President and Deputy President
• 152. Cabinet
• 153. Decisions, responsibility and accountability of the Cabinet
• 154. Secretary to the Cabinet
• 155. Principal Secretaries
• 156. Attorney-General
• 157. Director of Public Prosecutions
• 158. Removal and resignation of Director of Public Prosecutions

---

In this Chapter

Official Constitutional Text

133. (1) On the petition of any person, the President may exercise a power of mercy in accordance with the advice of the Advisory Committee established under clause (2), by—

(a) granting a free or conditional pardon to a person convicted of an offence;

(b) postponing the carrying out of a punishment, either for a specified or indefinite period;

(c) substituting a less severe form of punishment; or

(d) remitting all or part of a punishment.

(2) There shall be an Advisory Committee on the Power of Mercy, comprising—

(a) the Attorney-General;

(b) the Cabinet Secretary responsible for correctional services; and

(c) at least five other members as prescribed by an Act of Parliament, none of whom may be a State officer or in public service.

(3) Parliament shall enact legislation to provide for—

(a) the tenure of the members of the Advisory Committee;

(b) the procedure of the Advisory Committee; and

(c) criteria that shall be applied by the Advisory Committee in formulating its advice.

4) The Advisory Committee may take into account the views of the victims of the offence in respect of which it is considering making recommendations to the President.

Plain English Explanation

This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.

Article 133 allows the Kenyan President to forgive a convicted person, delay their sentence, or reduce their punishment based on a formal request. The President cannot make this decision alone and must follow the advice of a special Advisory Committee. This team includes the Attorney-General, the prison minister, and at least five citizens who are not government officials. Before making a final recommendation, the committee has the right to listen to the opinions of the crime's victims.