President William Ruto has pardoned 2,944 petty offenders and 2,117 long-term offenders.
In a gazette notice dated July 19, 2023, the offenders will be remitted part of their unexpired sentences under the Power of Mercy Act, 2011 upon the recommendation of the Advisory Committee on the Power of Mercy chaired by Attorney General Justin Muturi.
In addition, President William Ruto has reduced the death sentence imposed on capital offenders as at November 21, 2022, to a life sentence.
The Power of Mercy Act 2011, allows the President to exercise the power of mercy in accordance with the advice of the Advisory Committee granting a free or conditional pardon to a person convicted of an offence.
The President can also postpone the carrying out of a punishment, either for a specified or indefinite period, substitute a less severe form of punishment or remit all or part of a punishment.
In 2007 and 2015 parliament voted against the abolition of the death penalty, and in 2017 the Supreme Court ruled that the mandatory death penalty for murder was unconstitutional.
The Court of Appeal in July 2023 declared life sentence unconstitutional.
17 African countries including Kenya are considered “de facto abolitionist” states, meaning that they have not carried out an execution in 10 years.
The last execution in Kenya was in 1987, when Hezekiah Ochuka and Pancras Oteyo Okumu were executed for their role in the failed attempt to overthrow President Daniel arap Moi in 1982.
In addition, Ruto has pardoned 37 other offenders including former Kenya Medical Research Institute (KEMRI) director Davy Koech.
