“Poverty is not a crime” – Eldoret High Court frees man Unable to Pay Sh788,961 debt

The High Court in Eldoret has strongly cautioned against the misuse of civil jail in debt recovery cases, saying that poverty should never be treated as a criminal offence.

In a powerful ruling delivered by Justice Reuben Nyakundi, the court ordered the immediate release of Barnaba Ng’eno, who had been jailed over a civil debt. The judge ruled that the lower court violated Ng’eno’s constitutional rights.

“Poverty is not a crime,” Justice Nyakundi stated, stressing that locking up people simply because they cannot pay debts goes against basic rights such as freedom, dignity, and the right to a fair hearing.

The case came from the Eldoret Small Claims Court, Civil Case No. E612 of 2024, where Ng’eno had been committed to civil jail over a debt of Sh788,961.81. However, the High Court found serious errors in the lower court’s handling of the matter.

Justice Nyakundi noted that there was no evidence showing that the trial court confirmed whether Ng’eno had the ability to pay but refused to do so. He also pointed out that Ng’eno was not given a fair chance to fully present his case before being jailed.

The court emphasized that civil jail should only be used as a last option, especially where a debtor is clearly avoiding payment despite having the means to settle the debt.

The judge further warned that increasing cases of jailing debtors without following the law could undermine constitutional protections and end up punishing poor people unfairly.

He also criticized the lower court for failing to follow proper legal procedures under Section 38 of the Civil Procedure Act, which requires courts to investigate a debtor’s financial situation and ensure fairness before ordering imprisonment.

In conclusion, the High Court declared Ng’eno’s detention unlawful, irregular, and unconstitutional, and overturned the orders that had led to his imprisonment.