How proposed law offers fresh start for petty offenders after serving time

Petty convicts could soon get a second lease of life if a new legislative proposal sails through Parliament.

The Criminal Procedure Code (Amendment) Bill, 2024, seeks to expunge minor criminal records, effectively wiping clean the past of offenders who have served their sentences.

Embakasi East MP Babu Owin, who is the sponsor of the Bill, argues that branding former petty offenders for life denies them opportunities in jobs, education, and social reintegration.

If passed, the law will ensure such records are permanently deleted, allowing reformed individuals to rebuild their lives without the burden of past mistakes.

Currently, convicts who have either served their jail term or paid fines still have their criminal records which make it difficult to get police clearance.

This, Babu noted, has plunged majority of Kenyans to hopelessness as they cannot secure employment where police clearance is mandatory.

“Numerous Kenyan youth suffer from a similar predicament whereby they are unable to secure employment due to their previous convictions and “tainted” police clearance certificates,” Babu said.

“This is especially the case where the conviction was as a result of a misdemeanor or minor offence.”

“Let’s give our youth a second chance by considering enactment of this law.”

“Once a member of the society and a person serve their sentence, that person is always required to produce a certificate of good conduct. The moment they are issued with the certificate the criminal record of that person is attached. When that person tries to get a job, they cannot get a job because of the record."

Babu was speaking when he appeared before National Assembly Justice and Legal Affairs Committee (JLAC) chaired by Tharaka MP George Murugarato defend the proposal.

The Bill however excludes capital offences like murder, sodomy, incest, rape, treason and robbery with violence from the consideration.

In justifying his proposal, Babu noted there currently exist no express legal provision in Kenyan law providing for expungement of criminal records or clear statutory power on which Directorate of Criminal Investigations (DCI) can rely on to expunge criminal records thus creating legal loopholes.

“The Directorate of Criminal Investigations (DCI) has no clear statutory discretion to delete such records; existing records can only be altered if a conviction is quashed on appeal or revision.  The matter was referred to the Attorney General, the Interior Cabinet Secretary and Parliament for policy and legal action,” Babu stated.

The proposed legislation borrows from South Africa model where petty offenders are given a second chance.

Ol Jorok MP Michael Muchira while supporting the Bill said Kenyans especially the youths have suffered due to the retrogressive policy on past convicts.

“The amendment makes sense, even God is a God of second chance. Once these people served their jail terms we should not subject them to double jeopardy,” Muchira said.

Ruaraka MP Tom Kajwang proposed inclusion of a grace period after which the details are expunged to allow the convicted person undergo rehabilitation.

He also proposed that the beneficiaries of the said proposals should be extended to those serving sentences in juveniles and minors.

 “We cannot presume that people are rehabilitated without evidence. Why can’t we give ourselves say two or three yeas to prove that the person has been rehabilitated before the details are expunged,” Ruaraka MP said.