Analysis of the demand for a certificate of good conduct by employers in Kenya and its effects on the right to privacy of ex-offenders
Date
2024
Authors
Nderitu, R. W.
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
A certificate of good conduct is a document extracted from the judicial records of a particular country which documents convictions made against the applicant to confirm good conduct. This study sought to evaluate whether the demand for a certificate of good conduct by employers in Kenya impedes the right to privacy of ex-offenders. There is need to balance the legitimate concerns of employers with the fundamental rights of ex-offenders, particularly the right to privacy. The requirement for a police clearance certificate, while ostensibly aimed at safeguarding business interests and public safety, prompts critical questions regarding the proportionality and necessity of such intrusive measures. Moreover, it raises issues of fairness and social justice, as ex-offenders, having served their sentences, face continued barriers to reintegration into society. To provide empirical data regarding the employment history of ex-offenders in Kenya, this paper critically evaluated the existing legal framework and international standards to provide valuable insights that inform potential policy reforms and contribute to the creation of a more equitable and inclusive employment process in Kenya. The qualitative research was conducted through desktop research of both primary and secondary sources. Following this, the study explored existing legal provisions surrounding employment, which are pertinent to the utilization of certificates of good conduct by employers. Privacy rights also emerged as a central theme, with an emphasis on how the demand for certificates of good conduct intersects with the privacy concerns of ex-offenders. This paper argued that the operative phrase of Article 31 (c) is the necessity of the information being sought by an employer. While there cannot be a blanket mechanism to deal with what qualifies as necessary information to an employer, specific jobs should inherently provide what amounts to necessary information. The various reasons why traditional employment avenues often fail to accommodate individuals with a criminal history, touching upon employer biases, and systemic barriers that contribute to their marginalized status in the job market were also explored. It was established that stigma significantly diminishes the prospects of ex-offenders securing employment due to employers’ reluctance to hire them, even if they possess the necessary qualifications. The study concluded by providing recommendations related to re-evaluation of hiring criteria, education and awareness programs, ban the box legislation, alternative screening methods, incentives for employers, enhanced rehabilitation programs, and data protection measures.
Description
Full - text Undergraduate research project
Keywords
Citation
Nderitu, R. W. (2024). Analysis of the demand for a certificate of good conduct by employers in Kenya and its effects on the right to privacy of ex-offenders [Strathmore University]. http://hdl.handle.net/11071/15885