Embakasi East MP Babu Owino has tabled a proposal to amend the Criminal Procedure Code to allow Kenyans with past criminal records, excluding serious offences, to have them expunged, enabling better access to employment opportunities.
Speaking before the Justice and Legal Affairs Committee on Thursday, August 14, Owino said many reformed individuals struggle to secure jobs because their criminal histories remain attached to clearance and good conduct certificates issued by the Directorate of Criminal Investigations (DCI).
“We’ve had cases where Kenyans have been looking for jobs but can’t get any due to criminal records hanging over their shoulders. Once a member of society is convicted and serves a sentence either in prison or by paying a fine, the criminal record is attached to their clearance certificate, and it becomes grounds for disqualification,” he said.
The legislator argued that once a sentence has been fully served, offenders should be given a fair chance to rebuild their lives. However, committee members, including Tharaka MP George Murugara and Ruaraka MP Tom Kajwang, raised concerns over confirming genuine rehabilitation.
Kajwang suggested a two- to three-year monitoring period after sentencing before clearing records.
Owino clarified that his proposal excludes sexual and capital offences, and expressed openness to refining the Bill to include a post-release evaluation period.
The Criminal Procedure Code governs Kenya’s criminal justice process, from investigation and trial to sentencing, aiming to balance justice with the rights of the accused.
Owino’s amendment seeks to align this framework with reintegration goals for reformed offenders.
Written By Rodney Mbua
