Embakasi East MP, Babu Owino has proposed an amendment to the Criminal Procedure Code to allow Kenyans, especially the youth, who have been unable to find jobs due to past criminal records to access employment under new law.

Appearing before the Justice and Legal Affairs Committee on Thursday, the MP explained that individuals, who have served their sentences or paid fines deserve a second chance at life, but they are often met with challenges to secure jobs because their criminal records reflect in their clearance certificates.

“Once a member of society is convicted and serves a sentence either in prison or by paying a fine, they are always required to produce a clearance certificate or a certificate of good conduct issued by the DCI,” he said. “Thereafter, the criminal record is attached to this document, and it becomes grounds for disqualification.”

Owino pointed out that this denies them opportunities despite completing their sentences in full. The legislator suggested that such records should be expunged to give reformed individuals a fair chance at employment.

“The criminal record of such persons who have served their sentences or paid the fine or both should be expunged, and they should now be clean because they have already served save for some of the offences,” the MP said.

The proposed legislation would establish a legal framework which would allow criminal records to be erased for individuals who have completed their sentences, except in cases of capital or sexual offences from police clearance certificates which are often required by employers. 

“You don't need to be punished twice. You've already served, you've already cleared yourself, and you having this tag on your back– might lead someone to you even committing more crimes,” Owino argued.

According to the legislator, the Bill is anchored on a High Court decision involving a man who was denied employment due to a decades-old conviction for creating a disturbance in 2020. 

The court ruled that Kenya lacks a legal framework for expunging criminal records and referred the matter to Parliament for legislative action.

However, the committee chaired by Tharaka MP George Murugara raised concerns over rehabilitation, questioning how to genuinely confirm a convict is reformed before expunging the records.

“We cannot presume rehabilitation without evidence. Why not require a period of two or three years after sentencing to prove genuine reform before granting amnesty?” Ruaraka MP, Tom Kajwang, posed. 

Ol Jorok MP Michael Muchira supported the bill on the underlying principle of double jeopardy for offenders who have already served their sentences and are deemed to have fully reformed while another member noted that some individuals convicted of capital offences may have served relatively short sentences, and asked whether they should be categorically excluded from expungement.

The Embakasi East MP has since expressed willingness to refine the amendment to include a monitoring period for convicts after release and granting automatic clearance for juvenile offenders when they become adults.

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