COURT COME IN RESCUE OF THOSE WHO HAVE BEEN LISTED ON CRB

The High Court has come to the rescue of Kenyans who owe debts. This is after the court ruled that a person should not be punished as a criminal for failing to clear a debt if he is financially unable to pay it. This decision saved a parent who was in danger of being arrested and imprisoned for not meeting an agreement.

In his ruling, Judge Nyakundi said the debt alone should not be used as a basis for arresting and imprisoning a person. According to him, such a punishment should be given only if a person is able to pay but don’t want to clear the debt.

According to the judge, imprisoning a person for failing to repay a debt without considering the issues that that the person may be unable to meet the agreement is a threat to the fundamental rights and freedoms of an individual under the Justice Act.

On that basis, Judge Nyakundi said that the court officials should audit the assets and income of the person unable to pay the debts in order to determine his or her ability to meet the agreements.

According to the judge, there must be proof that the person has bad intentions of not paying debts then must also consider the person’s previous actions regarding debt repayments.

He further added that the other financial needs of the accused must be seriously considered before an arrest warrant can be issued. He said, in his view, it would be very alarming to order a debtor to be imprisoned because of his poverty which makes him unable to fulfill his financial obligations.

Njakundi said that poverty is not a crime and therefore forcing a person to repay debts in ways that deprive him of his freedoms and dignity would be a violation of law unless there is sufficient evidence.

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