Nairobi — Embakasi East MP Babu Owino has called for a change in Kenya’s criminal justice system to give reformed offenders a fresh start. His proposal would see the criminal records of those who have served their sentences wiped from clearance certificates, opening the door to jobs often closed to them.
Appearing before the Justice and Legal Affairs Committee on Thursday, Mr Owino argued that the current system punishes people twice -first through the courts, and then through the job market.
“Once a member of society is convicted and serves a sentence, they are always required to produce a clearance certificate or certificate of good conduct. The criminal record is attached to this document, and it becomes grounds for disqualification,” he said.
The MP stressed that the plan would not apply to those convicted of serious crimes such as sexual offences or capital offences. His focus, he said, is on those who have paid their dues and shown they can be productive members of society.
But the committee, chaired by Tharaka MP George Murugara, was not fully convinced. Several members questioned how to be sure a former convict is truly reformed.
Ruaraka MP Tom Kajwang suggested a “cooling-off” period to prove rehabilitation before any record is cleared.
“We cannot presume rehabilitation without evidence. Why not require a period of two or three years after sentencing to prove genuine reform before granting amnesty?” Mr Kajwang asked.
Mr Owino indicated he was open to such safeguards. He said a monitoring period could be written into the Bill to balance second chances with public safety.
The proposed amendment would change the Criminal Procedure Code — the law that governs investigations, arrests, trials and sentencing — in an effort to give reformed offenders a better shot at rebuilding their lives.
Supporters say the change could help break the cycle of unemployment and reoffending. Critics warn it could weaken deterrence if not carefully managed. The debate is likely to intensify as Parliament considers whether Kenya’s justice system should be more forgiving to those who have already paid their debt.
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