Man jailed over Ksh.788K debt released as judge warns against misuse of civil jail

In a landmark ruling, Justice Reuben Nyakundi ordered the release of Barnaba Ng'eno, who had been detained over a civil debt, faulting the lower court for violating his constitutional rights.

“Poverty is not a crime,” the judge stated, emphasizing that jailing individuals solely because they are unable to pay debt amounts to an infringement of fundamental freedoms, including the right to liberty, dignity, and a fair hearing.

The case arose from Eldoret Small Claims Court Civil Case No. E612 of 2024, where Ng'eno had been committed to a civil jail over a decree of Ksh.788,961.81. However, the High Court found that the process leading to his detention was deeply flawed.

Justice Nyakundi ruled that there was no evidence that the trial court had established that Ng'eno had the means to pay the debt but had willfully refused. He also noted that the applicant was not accorded a proper opportunity to be heard before being jailed.

The court stressed that civil jail should only be used sparingly and as a last resort, particularly in cases where a debtor deliberately evades payment despite having the financial capacity.

The court warned that the growing trend of imprisoning debtors without due process risks undermining constitutional protections and disproportionately punishing the poor.

The judge further criticized the failure by the lower court to follow the strict legal safeguards under Section 38 of the Civil Procedure Act, including conducting an inquiry into the debtor’s financial means and ensuring procedural fairness.

As a result, the High Court declared the committal unlawful, irregular, and unconstitutional, and set aside the orders that led to Ng'eno’s imprisonment.