Embakasi East MP Babu Owino has tabled a proposal seeking to amend Kenya’s Criminal Procedure Code to give reformed offenders a second chance at life by clearing their criminal records.
Appearing before the Justice and Legal Affairs Committee on Thursday, August 14, Owino argued that many Kenyans who have served their sentences or paid fines continue to face severe employment challenges due to criminal records attached to their 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. Once a member of society is convicted and serves a sentence either in prison or by paying a fine, they are always required to produce a clearance certificate or a certificate of good conduct issued by the DCI,” Owino said. “Thereafter, the criminal record is attached to this document, and it becomes grounds for disqualification.”
The MP maintained that the proposed amendment would not apply to serious crimes such as sexual offences or capital crimes. Instead, it would target individuals convicted of lesser offences who have demonstrated reform, giving them a fair chance to rebuild their lives and contribute positively to society.
However, the committee, chaired by Tharaka MP George Murugara, raised concerns over verifying rehabilitation. Ruaraka MP Tom Kajwang suggested a waiting period of two to three years after completion of a sentence to ensure genuine reform before clearing records.
“We cannot presume rehabilitation without evidence,” Kajwang cautioned, urging the inclusion of monitoring measures.
Owino expressed openness to refining the Bill to include such provisions, noting that the goal is not to compromise justice but to remove barriers that keep reformed citizens from economic opportunities.
The Criminal Procedure Code governs the handling of criminal cases in Kenya, from investigation and arrest to trial and sentencing, seeking a balance between justice and the rights of the accused. If passed, the amendment could mark a significant shift in the country’s approach to reintegration, potentially reducing recidivism and easing unemployment among reformed ex-offenders.
