ADVOKS GLOBAL · KENYA
Probation of Offenders Act
9. Probation order: disqualification or disability
Edition: 2022-12-31 · In force
9. Probation order: disqualification or disability
(1)Where a person is convicted of an offence and is released under a probation order, his conviction for that offence shall, be disregarded for the purposes of any enactment by or under which any disqualification or disability is imposed upon convicted persons or by or under which provision is made for a different penalty in respect of a second or subsequent offence, or in respect of an offence committed after a previous conviction:Provided that, if the probationer is subsequently sentenced for the original offence, this section shall cease to apply in respect of that offence, and he shall be deemed, for the purposes of any such enactment imposing disqualification or disability, to have been convicted on the date of sentence.(2)Where a person is released on probation without the court having proceeded to conviction and he is subsequently convicted and sentenced for the original offence, then he shall be deemed, for the purposes of any enactment by or under which any disqualification is imposed upon convicted persons or by or under which provision is made for a different penalty in respect of a second or subsequent offence or in respect of an offence committed after a previous conviction, to have been convicted on the date of the conviction and sentence.