Piece by: ASHLEY OTIENO

26 July 2023

• Here are some of the things you should know about the presidential pardon act and the people pardoned.

The President recently pardoned 37 people who had been sentenced either to life imprisonment or murder, assault, rape, and theft among many others.

The presidential pardon legally known as the Power of Mercy by the constitution is something that is done on an advisory by a committee.

As a prisoner, you can apply either for an appeal of your case ruling or either a presidential pardon depending on the caseload.

The power of mercy or pardon can be granted in the following ways:

Granting a free or conditional pardon to a person convicted of an offense
Postponing is the carrying out of a punishment, either for a specified or indefinite period.
Substituting is a less severe form of punishment.
Remitting all or part of a punishment.

The advisory committee consists of ;

The Attorney-General
The Cabinet Secretary is responsible for correctional services.
At least five other members as prescribed by an Act of Parliament, none of whom may be a State officer or in public service.

For your cases to be considered for the presidential pardon, they usually look ata number of factors.

Here are some of the things considered:

The age of the convict when the crime or offence had been committed.
Circumstances surrounding the crime being committed.
Whether the person being pardoned is a first-time offender.
The nature and seriousness of the offence.
The length of the sentence the prisoner has already served.
The personal circumstances of the convict during the making of the petition for the pardon.
The interest of the state and community.
The post-conviction conduct and character of the prisoner.
Official recommendations are made by the correct bodies and correctional services.

Referring to someone who has been pardoned by the president as a convict is also an offense and one can sue you under defamation laws.