Pardon

Kenya

Kenya - Criminal Procedure Code 1930 (2018) EN

PART IX – PROCEDURE IN TRIALS BEFORE THE HIGH COURT

ARRAIGNMENT

279. Plea of autrefois acquit and autrefois convict
(1) An accused person against whom an information is filed may plead—
(b) that he has obtained the President’s pardon for his offence.

Kenya - Defence Forces Act 2012 (2018) EN

PART X – APPEALS FROM COURTS MARTIAL

198. Saving of prerogative of mercy
Nothing in this Part shall affect the exercise of the power of mercy under Article 133 of the Constitution.

Kenya - Mutual Legal Assistance Act 2011 (2012) EN

PART III – MAKING AND EXECUTION OF LEGAL ASSISTANCE REQUESTS

11. Grounds for refusal

(c) the request relates to the prosecution of a person for an offence in a case where the person has been acquitted or pardoned by a competent tribunal or authority in a requesting state, or has undergone the punishment provided by the law of that country, in respect of that offence or of another offence constituted by the same act or omission as that offence ;

Rome Statute

Article 17 Issues of admissibility

1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:

(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;