POMAC to formulate legal frameworks and enforcement policies – KBC


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The Compassionate Power Advisory Committee (POMAC) seeks to create a legal and policy framework for the effective implementation of Article 133 of the Kenyan constitution.

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Speaking during a public participation meeting in Garissa city on Wednesday, POMAC Chief Executive Officer Dr Lydia Muriuki said there was a need to review the Compassionate Power Act of 2011 to create a more inclusive system.

“We need to have a clear definition of who we serve. The 2011 law states that we can serve prisoners and detainees, but there is another group of people who have been detained for a long time who also want to be included, ”said Dr Muriuki.

“There is also a need to harmonize this Act with the Prisons Act and to create a multi-agency approach when it comes to addressing the request of people seeking the President’s mercy. This will create a clear, transparent and inclusive process, ”he added

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Muriuki noted that there are concerns about how to help pregnant mothers, children and the elderly in prisons, who do not have support systems immediately after their release from prison.

Among the factors they consider in evaluating an apology, are the age of the defendant, the circumstances, the nature and severity of the offense, the time spent, the interests of the government or society and reports from prison and trials among others.

In their contribution, Garissa residents urged the committee to create a process that will help ex-detainees obtain their exemptions.

They again asked the government to listen to the victims or pay them compensation before pardoning former prisoners.

The committee within its structure forgives officers who have been placed in correctional facilities and reports on all matters relating to the power of mercy, as well as assisting applicants in preparing a petition and sensitizing inmates on the power of mercy.

According to the Compassionate Power Act of 2011, once the recommendations are made, the President may grant a free or conditional pardon to a convicted prisoner, postpone the execution of such a sentence, instead of a more severe sentence or repeal it all as part of the sentence.

However, a prisoner must serve at least one third of their sentence or 5 years for those serving a life sentence.


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