Youth with past criminal records could soon get a clean slate if Embakasi East MP Babu Owino’s proposed bill is approved.
The legislator has tabled amendments to the Criminal Procedure Code that would allow the expungement of criminal records for individuals who have completed their sentences, excluding those convicted of capital or sexual offences.
Appearing before the Justice and Legal Affairs Committee on Thursday, August 14, Owino argued that Kenyans who have served their time deserve a second chance, especially in the job market.
“The criminal record of such persons who have served their sentences or paid the fine or both should be expunged. They should now be clean because they have already served, save for some offences,” Owino said.
He noted that thousands of qualified youths are being denied opportunities because of minor or decades-old convictions, adding that continuous punishment after serving a sentence could push some back into crime.
The proposed bill would create a legal framework for removing certain convictions from police clearance certificates, a standard requirement for many employers. Owino stressed that the law is not about excusing crime, but about recognizing rehabilitation and reintegration.
The bill mirrors South Africa’s expungement system, which uses clear eligibility criteria and timelines based on the severity of offences. It also sets strict exclusions for serious crimes like terrorism and sexual offences.
Owino anchored his proposal on a 2020 High Court ruling involving a man denied employment due to a decades-old conviction for creating a disturbance. The court noted that Kenya lacks a law to expunge criminal records and directed Parliament to address the gap.
During the committee session, MPs raised concerns over the scope of the proposed exclusions. Ruaraka MP Tom Kajwang warned against granting blanket clearance to individuals convicted of violent crimes without proof of rehabilitation.
“We cannot presume rehabilitation without evidence. Why not require a two- or three-year waiting period after sentencing to prove genuine reform?” Kajwang asked.
Ol Jorok MP Michael Muchira backed the bill, saying offenders should not face double punishment after serving their time. He suggested refining the exclusions, possibly introducing a monitoring period, and granting automatic clearance to juvenile offenders upon reaching adulthood.
