Proposed Bill Aims to Clear Minor Criminal Records for Better Job Prospects

A new legislative proposal in Kenya could offer a fresh start for individuals with minor criminal convictions by removing these records from police clearance certificates. The Criminal Procedure Code (Amendment) Bill, 2024, introduced by Embakasi East Member of Parliament Babu Owino, seeks to enhance employment opportunities for rehabilitated offenders by erasing certain past convictions, promoting social reintegration and reducing the risk of reoffending. The bill, currently under review by the Justice and Legal Affairs Committee, has sparked discussions about balancing rehabilitation with public safety.

The bill targets minor offenses, allowing those who have served their sentences to have their records cleared from police clearance certificates, which are often required for job applications. Serious crimes such as murder, terrorism, and sexual offenses including rape, defilement, sodomy, and incest are explicitly excluded from eligibility. This distinction aims to ensure that only those convicted of less severe offenses benefit from the proposed expungement, maintaining accountability for more serious crimes.

Babu Owino, the bill’s sponsor, emphasized the challenges faced by many Kenyan youth who struggle to secure employment due to minor convictions listed on their police clearance certificates. He argued that individuals who have completed their sentences should not face lifelong punishment through employment barriers. Owino stated that the current system lacks clear legal authority for the Directorate of Criminal Investigations to remove criminal records unless a conviction is overturned on appeal or revision. He cited a 2023 court case involving petitioner Ibrahim Kingori Njoki, who sought to have a 20-year-old misdemeanor conviction removed from his police clearance certificate, as it hindered his job prospects. The court in that case referenced South Africa’s model of record expungement as a potential framework, suggesting clear time limits, criteria, and exclusions for such a policy.

The proposed legislation aims to provide a structured process for expungement, offering a second chance to those who have served their sentences. Owino highlighted that the bill would support employment, encourage rehabilitation, and restore dignity to individuals by removing the stigma of minor convictions. He stressed that many young Kenyans are unfairly blocked from job opportunities due to past misdemeanors, effectively punishing them twice for the same offense.

During discussions with the Justice and Legal Affairs Committee, several members expressed support for the bill but proposed refinements to ensure its effectiveness and fairness. Committee chairperson George Murugara suggested excluding financial crimes such as money laundering and corruption from expungement eligibility to maintain public trust. Ruaraka MP T.J. Kajwang recommended a one- to two-year grace period after sentence completion to allow for rehabilitation before records are cleared. He also proposed including violent crimes like aggravated assault among the exemptions to address concerns about public safety. Ol Joro Orok MP Michael Muchira endorsed the bill, noting that it aligns with principles of second chances and rehabilitation, stating that offenders who have served their sentences should be presumed reformed and not condemned repeatedly.

The Justice and Legal Affairs Committee is now tasked with reviewing the bill further and providing recommendations on whether it should proceed to publication and debate in the National Assembly. The proposed legislation has garnered attention for its potential to address systemic barriers faced by rehabilitated offenders, particularly young Kenyans seeking to rebuild their lives. If passed, the bill could set a precedent for criminal justice reform in Kenya, aligning with global models like South Africa’s expungement framework while tailoring the policy to local needs.

The bill’s progress will be closely watched as it moves through the legislative process, with stakeholders weighing the balance between offering second chances and ensuring accountability for criminal behavior. For now, the proposal represents a significant step toward supporting rehabilitation and reducing the long-term consequences of minor offenses in Kenya.