Nairobi, kenya- Embakasi East MP Babu Owino is seeking to amend Kenya’s Criminal Procedure Code to give reformed offenders a fair shot at employment by expunging certain past criminal records.
Appearing before the Justice and Legal Affairs Committee on Thursday, August 14, Owino argued that many Kenyans who have fully served their sentences or paid fines are unfairly barred from job opportunities because their criminal history remains attached to official clearance certificates.
“We’ve had cases where Kenyans have been looking for jobs but can’t get any due to criminal records hanging over their shoulders,” Owino told the committee. “Once convicted and sentenced, either through prison time or fines, the record remains on the clearance certificate, becoming grounds for disqualification.”
Committee Concerns Over Rehabilitation
The proposal faced pushback from committee members, who questioned how to verify genuine rehabilitation before erasing criminal records.
Committee chair George Murugara and Ruaraka MP Tom Kajwang suggested introducing a waiting period to monitor reformation.
“We cannot presume rehabilitation without evidence,” Kajwang said. “Why not require two or three years after sentencing to prove genuine reform before granting amnesty?”
Owino said he was open to refining the amendment to include a monitoring period and stressed that the proposal would exclude serious offences such as sexual crimes and capital offences.
Why It Matters
Under the current law, the Criminal Procedure Code governs the process from investigation and arrest to trial and sentencing.
While it aims to balance justice and the rights of the accused, Owino said the lingering stigma of a criminal record undermines reintegration into society.
He argued that removing certain records for those who have served their time could improve access to employment and reduce recidivism.
