For years, a minor criminal record in Kenya has been a “life sentence” for employment and travel. However, the Criminal Procedure Code (Amendment) Bill 2025/26 is set to change the landscape of justice in Nairobi.
What is Expungement? Expungement is the legal process of “sealing” a criminal record so it no longer appears on a Certificate of Good Conduct. Under the new proposed laws, individuals who have served their time for minor offenses and maintained a clean record for 5 years may finally be eligible for a fresh start.
Key Provisions:
- Automatic Expungement: Minor offenses resulting in fines or short community service may soon be cleared automatically.
- The 5-Year Rule: For more serious (but non-capital) offenses, an application to the High Court can be made after five years of rehabilitation.
- Excluded Crimes: Capital offenses, corruption, and sexual offenses remain ineligible for expungement to protect public interest.
Ombeta & Associates Advisory: If a past mistake is holding back your career in 2026, you need a strategy. We specialize in navigating the High Court application process to ensure your petition for a clean slate is airtight.