President William Ruto's Cabinet on Monday approved the policy on the Power of Mercy.
This comes days after the President re-constituted the Advisory Committee on the Power of Mercy, appointing seven new members.
The Cabinet said the new policy will help to better promote the rehabilitation of offenders in a manner that doesn't imperil public safety or negate the concerns of victims.
"The policy guidelines provide for the criteria for the exercise of the presidential prerogative of mercy as set out under Article 133 of the Constitution," the Cabinet said in a dispatch released by State House.
The Power of Mercy is a special authority conferred upon the head of state and government that empowers the President to grant pardons or commutations of sentences to rehabilitated and deserving offenders.
The Advisory Committee on the Power of Mercy includes the Attorney General, the CS responsible for correctional services and at least five other members.
Members of the reconstituted team include Lorna Mutoro Mumelo, Patrick Musau Musila, John Kutswa Olaka, Dr. Edward Kibiwott Boor, Rev Humpton Rogers Namu, Bishar Maalim Abdullahi and Jane Wanjiru Kuria.
Parliament is expected to enact a law to provide for a tenure for the members and the procedure of the Committee and the criteria to be used in formulating of its advice.
"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," the Constitution says.
Following its advice, the President may exercise the Power of Mercy either by granting a free or conditional pardon to a person convicted of an offence or postponing the carrying out of a punishment, either for a specified or indefinite period.
Other ways include substituting a less severe form of punishment or remitting all or part of a punishment.
