Babu Owino Tables Bill to Expunge Criminal Records for Reformed Youth

Nairobi, August 14, 2025 — Embakasi East Member of Parliament Babu Owino has introduced the Criminal Procedure Code (Amendment) Bill, 2024, seeking to expunge certain criminal records once sentences have been served. His move aims to pave the way for rehabilitation and reintegration into society, especially for young offenders facing barriers to employment.

Context and Constitutional Gap

Owino made his submission before the Justice and Legal Affairs Committee (JLAC), drawing attention to the lack of explicit legal provisions in Kenyan law that allow for record expungement. Under current law, criminal records may only be removed if a conviction is quashed on appeal—leaving a legal vacuum for rehabilitated individuals seeking a fresh start.

He also referenced a 2020 High Court ruling in the Ibrahim Njoki case, where a man was denied employment due to a decades-old misdemeanor, underscoring the need for a statutory framework to support reintegration.

Scope and Exclusions

The bill proposes that records for non-capital and non-sexual offenses be expunged from police clearance certificates, including the Good Conduct Certificate, once offenders have fully served their sentences. It draws inspiration from South Africa’s structured expungement model, which sets clear eligibility timelines and objective criteria, while excluding serious crimes such as rape, defilement, treason, and robbery with violence.

Parliamentary Concerns and Refinements

JLAC members raised thoughtful concerns to refine the bill:

Ruaraka MP T.J. Kajwang suggested implementing a grace period of one to two years post-sentence to allow for evidence of genuine rehabilitation, rather than immediate expungement. He also proposed that violent offenses such as aggravated assault be added to the exclusion list.

• Committee Chair George Murugara called for clarity regarding financial and integrity-related convictions (e.g., corruption, money laundering), questioning whether they should also be barred from expungement.

• Ol Jorok MP Michael Muchira endorsed the legislative principle, noting that individuals who have served their sentences should not face perpetual penalties—a clear nod to the idea of avoiding “double jeopardy.”

What’s Next

The bill is now under JLAC’s review as lawmakers debate the balance between second chances and public security. If approved, it could offer a structured pathway for young Kenyans to rehabilitate without being perpetually penalized by past mistakes.

Summary Table

Let me know if you’d like a background piece on South Africa’s expungement system, data on employment challenges faced by formerly convicted youth in Kenya, or reactions from advocacy groups.