Author: By Newton Arori

Audio By Vocalize If someone obtains a money judgment against you, they can cause you to be jailed for up to six months should you fail to pay up. In 2010, then High Court judge Martha Koome declared this practice unconstitutional, arguing that it humiliates debtors, among other reasons. The decision generated considerable controversy. Several other judges have since extensively deliberated the legality of civil jail, reaching the general consensus that it is not unconstitutional, because the law provides safeguards against imprisoning genuinely helpless defaulters. For example, the court affords the debtor an opportunity to explain why they should not…

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