Petty offenders in Kenya may soon get a fresh start if a new legislative proposal makes its way through Parliament. The Criminal Procedure Code (Amendment) Bill, 2024, sponsored by Embakasi East MP Babu Owino, aims to expunge the criminal records of individuals convicted of minor offences once they have served their sentences.
If enacted, the law would ensure such records are erased from police files, removing a significant barrier that has long denied many Kenyans access to jobs, education, and social reintegration. Currently, even those who have completed their punishment must still present police clearance certificates that flag past convictions, effectively shutting them out of opportunities that require vetting.
“Branding reformed petty offenders for life denies them dignity and opportunity,” Babu told the National Assembly’s Justice and Legal Affairs Committee. “Numerous Kenyan youth suffer from this predicament, unable to secure employment because of tainted police certificates. Let’s give our youth a second chance.”
The Bill, however, makes a clear distinction between misdemeanours and serious crimes. Capital offences such as murder, rape, incest, treason, sodomy, and robbery with violence would remain on record. Instead, the proposed law focuses on minor infractions that currently remain indefinitely in the Directorate of Criminal Investigations’ (DCI) database, with no statutory mechanism for deletion unless a conviction is overturned on appeal.
The proposal draws inspiration from South Africa, where petty offenders can have their records erased after demonstrating reform. In Kenya, the idea has already gained warm support. Ol Jorok MP Michael Muchira described it as “a step toward restorative justice,” adding: “Even God is a God of second chances. Once people serve their jail terms, we should not subject them to double jeopardy.”
Ruaraka MP Tom Kajwang suggested introducing a grace period of two to three years before records are expunged, giving room for proof of rehabilitation. He also proposed extending the law to minors and juvenile offenders.
If adopted, the law could open long-closed doors for thousands of Kenyans, particularly youth, trapped by petty mistakes of the past. For them, it would not just be a legal amendment—it could be a lifeline to dignity, opportunity, and a brighter future.
