Ibrahim Kingori Njoki v DCI Revisited - Rights of Ex-Convicts to Gainful Employment

Abstract

A government has the monopoly of power to punish offenders who are deemed to disrupt the good order in society. This it does through a judicial process that culminates in a lawful punishment. Such punishment is meant to be proportional to the wrong done. Ordinarily, once a person has served the punishment, such a person would be deemed to have paid the debt to society. However, this is not the case with respect to ex-convicts and employment. Many countries keep criminal records which are used to exclude ex-convicts from employment. The Directorate of Criminal Investigations in Kenya has the mandate of collecting, storing and disclosing criminal convictions. 2 Modern developments in the protection of human rights has seen a paradigm shift towards accommodating ex-convicts in employment. Different countries have adopted varied measures towards this end. It is not in doubt that the age old practice of excluding ex-convicts from employment violates their right to dignity, privacy and labour relations. Such violation in turn endangers society through recidivism. Governments the world over endeavour to ensure that a criminal is properly prepared for re-integration into society.