In an effort to enhance transparency in the prisoner petition filing process, Kenyans have been urged to utilise the electronic Petitions Management System (ePMIS), which automates the entire petition management process for convicted prisoners.
The digital system that was launched by the Power of Mercy Advisory Committee (POMAC) in collaboration with the ICT Authority, provides convenient access to the petition process by facilitating online tracking of the petition status, while providing ease of access to stakeholders who provide the necessary reports required during the petition process.
Speaking during a sensitization exercise in Thika West Sub-County, POMAC Secretary, Macharia Njinu, said any person may petition the President, through the Committee, to exercise the Power of Mercy and grant any relief subject to Article 133(1) of the Constitution.
“The prison system has the mandate of rehabilitating and reintegrating convicted offenders back into society, and a presidential pardon known as the power of mercy is one of the ways that this is achieved,” he said.
He stated that the Committee had noted with concern that the system, which was launched in April 2022, was not being fully utilised by the public.
“We realised that many people were not aware of the system, as previously the petition process was done manually through pen and paper. We have therefore kicked off a nation-wide awareness programme, where we are training the public and the various stakeholders on the ins and outs of the system that automates the end-to-end user petition process.
The Secretary revealed that with ePMIS, it would be easy for convicted offenders to petition for the Presidential Pardon through the Committee, after which their representatives or members of the public can track the petition process and receive information updates, from various petition process stakeholders.
“The system offers a transparent and efficient review of petitions for the petitioners and enhances access to data for analysis and reporting without bias for the Committee, unlike the previous years, and can be accessed through the Power of Mercy website or the e-Citizen portal, where it has since been integrated,” said Njinu.
Upon receipt of a petition for the exercise of the Power of Mercy, the Committee shall determine the admissibility of the petition, including calling for evidence, conducting interviews, carrying out investigations, and receiving and reviewing the necessary reports from appropriate government agencies or officials, after which they will then make appropriate recommendations to the President in accordance with the Constitution.
The President shall, within thirty days of receipt of the recommendations by the Committee, consider the recommendations and either approve or reject the petition. Where the President approves or rejects a recommendation, the Committee shall, in writing, notify the petitioner or their representative of the President’s decision within seven days.
The Committee shall then publish the approved petitions in the Kenya Gazette, within 21 days of the receipt of the President’s decision. The decision of the President on each petition made shall be final.
The Power of Mercy Advisory Committee (POMAC) is a Constitutional Committee, established pursuant to Article 133 of the Constitution of Kenya (2010) and operationalised by The Power of Mercy Act No. 21 of 2011, with the core mandate of advising the President on the exercise of the Power of Mercy.
By Hellen Lunalo
