THE CRIMINAL PROCEDURE CODE (AMENDMENT) BILL, 2025
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Five-Year Waiting Period with Major Crime Exclusions
Under the new section 142A, an individual becomes eligible for criminal record expungement five years after their conviction date if they completed their sentence and had no additional convictions. However, expungement is completely barred for individuals convicted of capital offences, economic crimes under the Anti-Corruption and Economic Crimes Act (Cap. 65), money laundering under Cap. 59A, or sexual offences against minors and vulnerable persons.
Automatic Expungement for Minor Sentences
Section 142B provides automatic expungement for minor offences. This applies to cases where the sentence of imprisonment did not exceed six months (with or without a fine option not exceeding KSh 50,000), or where such a sentence was suspended or substituted with community service.
High Court Petitions for Larger Fines and Prison Sentences
For offences involving imprisonment without the option of a fine, or with a fine option not exceeding KSh 1 million, section 142C permits individuals to apply to the High Court. The court will decide after reviewing recommendations from the Director of Public Prosecutions, probation reports, victim impact statements, and factors like the offender's age at the time of the crime.
Complaints to Data Commissioner and Penalties for Abuse
Section 142D establishes that the National Police Service must issue a certificate of expungement within 14 days of an application. If records are not updated, applicants can complain to the Office of the Data Protection Commissioner under the Data Protection Act (Cap. 411C). Additionally, intentionally or negligently issuing an unauthorized certificate of expungement is punishable by up to 10 years in prison, a fine of up to KSh 1 million, or both.
Bill No.
No. 55 of 2025
Gazette No.
Supplement No. 201 of 2025
Sponsor
Babu Owino Paul Ongili
Background
In Kenya, there has historically been a legal gap regarding the expungement of criminal records, leaving rehabilitated individuals with lifelong records that hinder employment and reintegration. The Criminal Procedure Code (Amendment) Bill, 2025, sponsored by Hon. Babu Owino Paul Ongili, MP, seeks to establish a formal framework for clearing criminal records in the interest of justice and social rehabilitation.
Key Amendments
The Bill amends the Criminal Procedure Code (Cap. 75) by introducing five new sections immediately following section 142:
- Section 142A (Eligibility for Expungement): Defines the general rule that individuals are eligible for expungement five years after conviction if they have served their sentence and avoided new convictions. It explicitly excludes capital offences, corruption, money laundering, and specific sexual offences from this relief.
- Section 142B (Automatic Expungement): Details minor offences (prison terms of 6 months or less, suspended sentences, community service, or fines under KSh 50,000) that qualify for automatic clearing.
- Section 142C (High Court Expungement): Establishes an application process through the High Court for offences carrying prison terms or fines up to KSh 1 million.
- Section 142D (Certificate of Expungement): Authorizes the National Police Service to issue certificates of expungement and allows affected individuals to complain to the Data Protection Commissioner under Cap. 411C if their records are not updated.
- Section 142E (Regulations): Empowers the Cabinet Secretary for internal security to make regulations prescribing application forms and certificates.
New Obligations
The proposed legislation imposes several procedural obligations on state organs:
- The High Court: Must notify the Director of Public Prosecutions (DPP) and the National Police Service within 14 days of granting an expungement order to ensure national databases are updated.
- National Police Service: Must update the applicant's record and issue a certificate of expungement within 14 days of receiving a valid application.
Penalties
To guard against corruption and unauthorized record alteration, section 142D(4) introduces strict penalties:
- Any person who intentionally or negligently issues a certificate of expungement without legal authority commits an offence and is liable to imprisonment for a term not exceeding 10 years, a fine not exceeding KSh 1 million, or both.
Gazettement
The Bill was published in the Kenya Gazette No. 201.
First Reading
The Bill underwent First Reading in the National Assembly.