Embakasi East MP Babu Owino is pushing for a change in the law that could open doors for thousands of Kenyans who’ve done their time but are still paying the price.
Appearing before the Justice and Legal Affairs Committee on Thursday, August 14, Owino proposed an amendment to the Criminal Procedure Code that would allow the criminal records of reformed offenders to be cleared, especially when it comes to job applications.
“Too many Kenyans have served their sentences or paid their fines but still can’t get jobs because their records follow them everywhere,” Owino said. “Even after reforming, even after doing what the law required of them, they’re shut out of opportunities.”
Right now, anyone applying for a job is often asked to provide a clearance certificate or a certificate of good conduct from the Directorate of Criminal Investigations (DCI). But if there’s a record no matter how old it sticks. That, according to Owino, is unfair and counterproductive.
“Once someone has paid for their mistake, why should that mistake haunt them forever?” he asked.
But not everyone in the room was convinced.
Tharaka MP George Murugara, who chairs the committee, and others like Ruaraka MP Tom Kajwang raised a valid concern: how do you know someone is genuinely reformed?
“We can’t just assume someone has changed because they walked out of prison,” Kajwang said. “There needs to be some kind of period two, maybe three years where they prove they’re on the right path before we consider wiping the record clean.”
Owino didn’t push back. In fact, he agreed that safeguards are important. He also clarified that his proposal would not include major crimes such as sexual crimes or capital offenses.
He said that he’s open to tweaking the idea, e.g., introducing a “probation” or “monitoring” period after someone is released from prison.
For many Kenyans, especially young people who were arrested for minor crimes years ago, this proposal could be a lifeline.
A bad decision made at 19 shouldn’t still be costing someone jobs at 30. And with unemployment already sky-high, a clean slate could be the difference between moving forward or being stuck in a cycle they can’t break.
“This has nothing to do with letting people off the hook,” Owino explained. “It’s about allowing people who’ve already served their time a square chance at a fresh life.
