Kenyan Constitution: Chapter Nine, Part 2, Article 133 to 134

The Executive

President And Deputy President

Article 133: Power of mercy

(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.

Article 134:  Exercise of presidential powers during temporary incumbency

(1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President –

(a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or
(b) while the President is absent or incapacitated, or at other times contemplated in Article 147 (3), may not exercise the powers of the President specified in clause (2).

(2) The powers referred to in clause (1) are–

(a) the nomination or appointment of the judges of the superior courts;
(b) the nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint;
(c) the nomination or appointment or dismissal of Cabinet Secretaries and other State or Public officers;
(d) the nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative;
(e) the power of mercy; and
(f) the authority to confer honours in the name of the people and the Republic.