The High Court in Eldoret has issued a warning against the misuse of civil jail in debt recovery.
This comes after the court ordered the release of a suspect, who had been detained over a civil debt.
It also claimed 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.
According to reports, in the case of the suspect, the court ruled that there was no evidence that the trial court had established that the suspect had the means to pay the debt but had willfully refused.
Court frees man imprisoned over ksh. 788k debt
Futhermore, 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 further raised concerns over the growing trend of imprisoning debtors without due process risks undermining constitutional protections and disproportionately punishing the poor.
With this, the court declared such acts as unlawful, irregular, and unconstitutional.
