Offenders who have served their full sentences could soon have certain criminal records erased from police clearance certificates if a proposed law is approved by the National Assembly.

The Criminal Procedure Code (Amendment) Bill, 2024, sponsored by Embakasi East MP Babu Owino, seeks to allow the expunging of such records in cases of minor offences, with the aim of giving rehabilitated individuals a second chance at employment.

However, offenders convicted of murder, terrorism, or sexual offences including rape, defilement, sodomy and incest, will not be eligible.

Presenting the Bill before the Justice and Legal Affairs Committee (JLAC), Owino said the proposal is meant to address a legal gap that has left thousands of youth trapped with criminal records, even after serving their sentences.

He noted that many job seekers are disqualified during background checks due to “tainted” police clearance certificates.

“There is no need to punish a person twice, once he has served for the crimes he committed, his records at the police clearance should be clean. I plead with this committee not to condemn young people twice,” Owino told the George Murugara-led committee.

“Many Kenyan youth suffer as they are unable to secure employment due to their previous convictions and tainted police clearance certificate. 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.”

The legislator said the Directorate of Criminal Investigations (DCI) currently has no statutory discretion to delete records unless a conviction is overturned on appeal or revision, which makes the proposed law necessary.

He cited a 2023 court case in which petitioner Ibrahim Kingori Njoki sought the removal of a 20-year-old misdemeanor conviction for creating disturbance from his police clearance certificate, arguing it was blocking his employment prospects.

The court, he added, referred to South Africa’s expungement model as a practical example that Kenya could adopt.

According to the Bill, expungement would improve employment opportunities, promote rehabilitation and social integration, and reduce reoffending.

Owino said this would remove the lifelong stigma attached to minor or outdated offences and help former offenders rebuild their lives.

Committee chairperson Murugara suggested the proposal be refined to include financial crimes such as money laundering and corruption as offences exempt from expungement.

Ruaraka MP T.J Kajwang called for a one to two-year grace period for rehabilitation before records can be erased, while also urging the inclusion of violent crimes like aggravated assault in the exemption list.

Ol Joro Orok MP Michael Muchira backed the Bill, saying, “The proposed amendment makes sense because even our God is a God of a second chance. Once offenders have served their sentence, they are presumed to have changed thus they should not be condemned twice.”

The JLAC committee will now decide whether to recommend the Bill for publication and consideration by the House.