NAIROBI, Kenya Mar 26 – The High Court in Eldoret has issued a strong ruling against the use of civil jail in debt enforcement, declaring that poverty should not be criminalised under any circumstances.
In a landmark judgment, R. Nyakundi ordered the release of Barnaba Ngeno, who had been detained over a civil debt, finding that his constitutional rights had been violated.
The judge emphasized that “poverty is not a crime,” stating that imprisoning individuals solely because they are unable to settle debts amounts to a breach of fundamental rights, including liberty, dignity, and the right to a fair hearing.
The case arose from Eldoret Small Claims Court Civil Case No. E612 of 2024, in which Ngeno had been committed to civil jail over a decree of KSh 788,961.81. However, the High Court found serious procedural flaws in the manner in which the committal order was issued.
Justice Nyakundi held that there was no evidence the trial court had properly established whether Ngeno had the means to pay the debt but willfully refused to do so. The court also noted that he was not given a fair opportunity to be heard before the order for his detention was made.
The ruling underscored that civil jail should only be applied as a last resort and in limited circumstances, particularly where a debtor deliberately avoids payment despite having the financial capacity.
The court further warned that the growing use of imprisonment in debt recovery cases without strict adherence to due process risks undermining constitutional protections and unfairly targeting vulnerable individuals.
Justice Nyakundi also faulted the lower court for failing to comply with safeguards under Section 38 of the Civil Procedure Act, including conducting a proper inquiry into the debtor’s financial status and ensuring procedural fairness before committing him to jail.
As a result, the High Court declared the detention unlawful, irregular, and unconstitutional, and set aside the orders that led to Ngeno’s imprisonment.