Babu Owino Proposes Law to Clear Criminal Records for Rehabilitated Offenders

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Embakasi East MP Babu Owino. Photo Courtesy

Kenyans who have served their full prison sentences could have their criminal records wiped from official government systems if a new Bill before Parliament is passed.

The Criminal Procedure Code (Amendment) Bill, 2024, sponsored by Embakasi East MP Babu Owino, seeks to allow the expunging of criminal records from police clearance documents such as the Good Conduct Certificate for individuals who have completed their sentences.

However, the proposal excludes those convicted of serious crimes, including murder, terrorism, and sexual offences such as rape, defilement, sodomy, and incest.

Appearing before the National Assembly’s Justice and Legal Affairs Committee (JLAC), chaired by MP George Murugara, Owino said Kenya currently has no clear legal framework giving the Directorate of Criminal Investigations (DCI) express authority to remove criminal records. This, he argued, has left a legal gap that often works against rehabilitated offenders.

“Numerous Kenyan youth suffer from a predicament whereby they are unable to secure employment due to their previous convictions and ‘tainted’ police clearance certificates. This is especially the case where the conviction was for a misdemeanor or minor offence,” Owino told the committee. “Let’s give our youth a second chance by considering enactment of this law.”

The committee is now scrutinising the Bill, which, if passed, could open the door for many reformed offenders to re-enter the job market without the shadow of their past convictions.

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