On the 14th of August 2025, Embakasi East Member of Parliament Babu Owino addressed the Justice and Legal Affairs Committee (JLAC) with a bold legislative proposal to address one of Kenya’s quiet but serious injustices: the inability to clear outdated or minor criminal records.
His proposal, the Criminal Procedure Code (Amendment) Bill, 2024, targets a glaring legal gap exposed by a 2023 High Court decision in Ibrahim Kingori Njoki vs. Directorate of Criminal Investigations & Others. The case revolved around a man seeking to have a 20-year-old conviction for creating a disturbance removed from his police clearance certificate. His sentence? Six months served back in 2003. His problem? That decades-old blot on his record was still blocking job opportunities in 2023.
The High Court’s findings were damning: there is no explicit legal framework in Kenya for expunging criminal records. The DCI’s power to delete them? Non-existent, unless a conviction is overturned on appeal or revision. The so-called “20-year rule” some people believe exists? Purely discretionary, with no basis in statute.
Recognising the urgency, the court threw the matter to the Attorney General, Interior CS, and Parliament, urging policy and legislative action. That’s where Owino’s Bill steps in.
The proposal would:
- Establish a clear, lawful process for expunging criminal records.
- Define the scope and limits of the DCI’s authority to prevent abuse.
- Align Kenyan law with best practices, notably South Africa’s structured, transparent expungement system.
South Africa’s model sets a compelling precedent: time limits based on offence severity, objective eligibility criteria, clear exclusions for serious crimes (like sexual offences), and a formal process involving applications, certifications, and regulations.
Expungement laws are not about letting dangerous criminals off the hook; they’re about second chances and fairness. The benefits are far-reaching:
- Employment Access – A criminal record can be an impenetrable barrier to jobs, even for minor or ancient offences. Clearing it boosts employability and economic productivity.
- Social Reintegration – Without the stigma of a “tainted” police certificate, former offenders can reintegrate into communities with dignity.
- Reduced Recidivism – Stable work and housing are proven deterrents to reoffending.
- Proportional Justice – Not all offences should carry lifelong punishment. Minor infractions decades old shouldn’t determine someone’s future.
As Owino emphasised, “Just like Ibrahim Njoki, numerous Kenyan youth suffer from a similar predicament… Let’s give our youth a second chance.”
Kenya’s current legal vacuum on expungement perpetuates unnecessary hardship and inequality. It punishes rehabilitation instead of rewarding it. For many, a single youthful mistake snowballs into a lifetime of closed doors.
Adopting a tailored expungement law inspired by but not blindly copied from South Africa could transform lives, boost the workforce, and signal that Kenya believes in redemption.
In a justice system often criticised for being punitive rather than restorative, this Bill offers a rare chance to rebalance the scales. The question is no longer whether expungement laws are necessary, but whether Parliament is ready to act.
