The Power of Mercy Advisory Committee (POMAC) is a constitutional committee established pursuant to Article 133 of the Constitution of Kenya 2010, and operationalized by The Power of Mercy Act No. 21 of 2011. The committee’s core mandate is to advise the President on the exercise of the Power of Mercy. The Act provide for the appointment, tenure of office of the members, the powers and functions of the Power of Mercy Advisory Committee and connected purposes.

The Committee ensures that the process of exercising the power of mercy is transparent, free from bias, just and used for public good. The Committee studies the critical issues surrounding a petition, carries independent research, hears both the beneficiary of the petition and where necessary the testimony of others, reviews reports and recommendations from relevant agencies - all of which ensure the Committee formulates and forwards to the President well developed, thoughtful recommendations on all petitions for the exercise of mercy made by convicted criminal offenders or their representatives. The Committee’s role therefore guarantees that the mercy process is predictable and procedural. The establishment of the Committee was part of the criminal justice system reforms.

Functions of the Committee

The Committee shall:

a) Undertake or commission research and collect data on matters relating to the Power of Mercy;

b) Work with State organs responsible for correctional services to educate persons in correctional services on the power of mercy and procedures relating to applications for its exercise;

c) Carry out any necessary investigations required to make a determination on a petition for Power of Mercy;

d) Partner with State and non-state actors to educate the public on the nature and implications of the Power of Mercy;

e) Undertake such other activity as may be necessary for the discharge of its functions and exercise of its powers; and,

f) Carry out any other function as may be conferred on it under any other written law.