Kenyan youth who have been unable to find employment due to past criminal convictions could soon have the opportunity to have their records erased, if a new proposal by Embakasi East MP Babu Owino is passed.
Owino has put forward a proposal to amend the Criminal Procedure Code, which would allow criminal records to be erased for individuals who have completed their sentences, except in cases of capital or sexual offences.
Appearing before the Justice and Legal Affairs Committee on Thursday August 14, the MP defended the proposal, arguing that Kenyans who have genuinely served their sentences deserve a second chance in life, including the opportunity to find employment.
He stated that thousands of Kenyans are currently being denied job opportunities due to minor or outdated convictions.
“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.
“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.
The proposed legislation would establish a legal framework for removing certain convictions from police clearance certificates, which are often required by employers.
While defending it, the MP explained that the bill was not about excusing crime but about recognizing rehabilitation and reintegration into society.
The MPs proposal draws inspiration from South Africa’s expungement model, which includes objective eligibility criteria and timelines based on the seriousness of offences.
Babu Owino’s bill similarly proposes clear exclusions for serious crimes such as sexual offences and terrorism, ensuring that public safety remains paramount.
The MP explained that the bill is anchored on a 2020 High Court decision involving a man who was denied employment due to a decades-old conviction for creating a disturbance. The court ruled that Kenya lacks a legal framework for expunging criminal records and referred the matter to Parliament for legislative action.
Committee members raised important questions about the clarity and scope of the bill’s exclusions. One 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.
Ruaraka MP Tom Kajwang raised caution over blanket clearance, warning against releasing individuals convicted of violent offences without proof of rehabilitation.
“We cannot presume rehabilitation without evidence. Why not require a period two or three years after sentencing to prove genuine reform before granting amnesty?” Kajwang stated.
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.
The MP told the committee that he was open to refining the exclusions, possibly adding a monitoring period for those released, and granting automatic clearance for juvenile offenders upon reaching adulthood.
