For countless Kenyans striving to rebuild their lives after serving time or paying fines for past offenses, the lingering shadow of a criminal record often proves to be an insurmountable barrier to employment. Despite completing their sentences and aiming for a fresh start, the requirement to produce a Certificate of Good Conduct that still reflects their past convictions effectively bars them from many job opportunities. Recognizing this pervasive challenge, Embakasi East Member of Parliament, Babu Owino, has tabled a significant proposal that could redefine the path to rehabilitation and reintegration in Kenya.
The Heart of the Proposal: Erasing the Past for a Brighter Future
On Thursday, August 14, MP Owino presented before the Justice and Legal Affairs Committee a compelling case for amending the Criminal Procedure Code. His core argument centers on the principle that once an individual has fully served their sentence – whether through imprisonment or by paying a fine – their criminal record should no longer be an impediment to securing employment.
"We’ve had cases where Kenyans have been looking for jobs but can’t get any due to criminal records hanging over their shoulders," Owino explained. He highlighted how the current system, which attaches criminal records to the mandatory clearance certificates issued by the Directorate of Criminal Investigations (DCI), becomes an immediate "ground for disqualification" for job seekers. Owino passionately advocates for the expungement of such records, asserting that it's essential to provide genuinely reformed individuals with a fair and equitable chance to contribute to society.
Balancing Rehabilitation with Public Safety: Committee Concerns
While the spirit of the proposal resonates with advocates for rehabilitation, the parliamentary committee, chaired by Tharaka MP George Murugara, raised pertinent questions regarding its practical implementation and potential safeguards. A key concern revolved around the genuine confirmation of an individual's reform.
Ruaraka MP Tom Kajwang, for instance, questioned, "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?" This highlights the delicate balance between offering second chances and ensuring public safety, a critical consideration for any legislative reform of this nature.
In response, Owino clarified that his proposed amendment would exclude serious offenses, specifically mentioning sexual and capital crimes. Furthermore, he expressed his willingness to collaborate with the committee to refine the bill, indicating an openness to incorporating a monitoring period for convicts after their release. This flexibility suggests a pathway toward a more nuanced and acceptable legal framework that addresses both the needs of reformed individuals and broader societal concerns.
What This Means for Justice and Society
Babu Owino's initiative to amend the Criminal Procedure Code marks a pivotal moment in Kenya's ongoing discourse on justice reform and reintegration. The current legal framework, while outlining the process for handling criminal cases from investigation to sentencing, inadvertently creates perpetual barriers for those attempting to re-enter mainstream society. By allowing for the expungement of records for certain offenses, the proposal could:
- Boost Employment Rates: Provide a tangible pathway for thousands of skilled and rehabilitated Kenyans to access formal employment, reducing unemployment and fostering economic contribution.
- Enhance Rehabilitation: Offer a powerful incentive for genuine rehabilitation, as individuals would know that their efforts to reform can truly lead to a clean slate.
- Reduce Recidivism: By integrating reformed individuals into the workforce, the proposal could potentially reduce re-offending rates, contributing to overall public safety.
- Strengthen Social Cohesion: Promote a more inclusive society where individuals are not permanently defined by their past mistakes, but rather by their commitment to a better future.
As the proposal undergoes parliamentary scrutiny and public debate, its successful passage could signify a progressive shift in Kenya's approach to criminal justice, prioritizing genuine rehabilitation and ensuring that a past mistake doesn't condemn an individual to a lifetime of exclusion.
