Embakasi East MP Babu Owino has proposed an amendment to the Criminal Procedure Code to allow Kenyans with past criminal records to access employment opportunities.

Appearing before the Justice and Legal Affairs Committee on Thursday, August 14, Owino explained that individuals who have served their sentences or paid fines often face challenges to secure jobs because their criminal records remain attached to clearance certificates.

He argued that this denies them opportunities despite completing their sentences in full. The legislator suggested that such records should be expunged to give reformed individuals a fair chance at employment.

“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,” he said.

“Thereafter, the criminal record is attached to this document, and it becomes grounds for disqualification.”

However, the committee chaired by Tharaka MP George Murugara raised concerns over rehabilitation, questioning how to genuinely confirm a convict is reformed before expunging the records.

“We cannot presume rehabilitation without evidence. Why not require a period of two or three years after sentencing to prove genuine reform before granting amnesty?” Ruaraka MP Tom Kajwang posed. 

Owino clarified that his proposal excludes serious crimes such as sexual and capital offences. He also expressed willingness to refine the amendment to include a monitoring period for convicts after release.

The Criminal Procedure Code outlines the framework for handling criminal cases, from investigation and arrest to trial and sentencing, ensuring a balance between the rights of the accused and the need for justice.