Nairobi

A bill introduced in Parliament could soon give thousands of young Kenyans a fresh start. Embakasi East MP Babu Owino has proposed a law to delete minor criminal convictions from police clearance certificates once offenders have served their sentences.

Under the draft Criminal Procedure Code (Amendment) Bill, 2024, individuals convicted of misdemeanours—such as minor disturbances—could see their records wiped clean. However, serious offences like murder, terrorism, rape, defilement, sodomy and incest would remain on record.

Speaking before the Justice and Legal Affairs Committee, Mr Owino argued that past offenders face a double punishment. “Once a person has served their sentence or paid the fine, they should be clean,” he said. “They have paid their debt to society.”

He cited a 2020 High Court ruling in the case of Ibrahim King’ori v Directorate of Criminal Investigations, in which the court noted Kenya lacks a legal framework for clearing police records. The case involved a petitioner denied employment due to a 20-year-old misdemeanour recorded on his clearance certificate.

The bill draws inspiration from South Africa’s model, where expungement follows clear criteria, time limits and exclusions. Owino said he is open to refining the proposed law—with suggestions including automatic expungement for juvenile offenders and a post-sentence monitoring period.

Committee members voiced caution. Chair George Murugara asked how the bill would compare with broader legal reforms, including the possible decriminalisation of the death penalty. He also raised whether crimes like corruption and money laundering should be considered for removal.

MP T.J. Kajwang suggested a grace period of one to two years, during which reformed behaviour could be assessed before a record is cleared. Meanwhile, MP Michael Muchira welcomed the proposal, saying:

“Even our God is a God of second chances. Once offenders have served their sentence, they should not be condemned twice.”

Why It Matters

In Kenya, even decades-old minor offences can derail job applications. Records linger, often without regard for rehabilitation, and live on one’s police clearance certificate.

Justice Hedwig Ong’udi has already signalled urgency; she acknowledged this legal gap and called on Parliament to act

Should the law pass, it could be a pivotal step in aligning Kenya’s justice system with global norms that recognise redemption—and allow young people to move forward without a past haunting their prospects.