Individuals who have completed their jail sentences for criminal offences may soon have their records expunged, giving them a second chance at full reintegration into society.
A new policy proposal under consideration seeks to allow former convicts to access vital documentation, including certificates of good conduct, without being penalised indefinitely for past offences.
The proposed reform aims to address long-standing challenges faced by rehabilitated individuals who often encounter barriers when applying for jobs, travelling abroad, or securing professional licences due to the lingering effects of criminal records.
The move is part of a broader government initiative to promote restorative justice, reduce recidivism, and support reintegration through fair access to opportunities.
Currently, those who have served their full sentences still face difficulties in obtaining a certificate of good conduct, a document required for various official processes in Kenya.
The presence of a criminal record, regardless of its age or the rehabilitation status of the individual, remains a major obstacle in resuming normal life. Critics argue that the existing system perpetuates discrimination and undermines efforts at reform and reintegration.
Under the proposed framework, the Directorate of Criminal Investigations would be required to establish clear guidelines and timelines for the expungement of criminal records.
These would likely include conditions such as a clean record since release, proof of rehabilitation, and completion of any additional court-ordered obligations such as probation or community service.
Supporters of the initiative say that providing a pathway to clear criminal records will incentivise good behaviour, reduce stigma, and encourage former offenders to contribute positively to society.
Human rights advocates and rehabilitation organisations have also welcomed the proposal, citing its potential to restore dignity and open up employment and education opportunities for ex-convicts.
However, some legal experts and sections of the public have raised concerns about the types of offences that would be eligible for expungement, with suggestions that serious crimes may need to be exempted from the policy.
The Ministry of Interior and the Office of the Attorney General are expected to consult stakeholders, including the judiciary, law enforcement, and civil society, before the policy is formalised and presented to Parliament for legislative backing.
If enacted, the reform would mark a significant shift in Kenya’s criminal justice landscape, reflecting a more rehabilitative approach to correction and post-incarceration life.
Written By Ian Maleve
