[2023] KEHC 3351 (KLR)
The court found that the petition was unopposed and that the petitioner had demonstrated her predicament regarding inability to pay the decretal sum. The court held that committal to civil jail must be exercised in accordance with constitutional safeguards and fair procedure, particularly where a debtor's inability...
Source-derived case information.
- Citation
- [2023] KEHC 3351 (KLR)
- Parties
- Applicant: Irene Karimi Kariuki; Respondent: Attorney General; Respondent: Commissioner of Prisons
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Petition E029 of 2022
- Procedural Posture
- Constitutional Petition / Ruling on Unopposed Petition
- Outcome
- Petition allowed with conditions.
- Judges
- PM Mulwa
- Legal Topics
- Committal to Civil Jail, Right to Fair Trial, Enforcement of Judgments, Debtors Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irene Karimi Kariuki
Applicant
Attorney General
Respondent
Commissioner of Prisons
Respondent
Procedural Posture
Constitutional Petition / Ruling on Unopposed Petition
Legal Issues
- 1 Whether committal to civil jail for inability to pay a decretal sum violates constitutional rights and freedoms.
- 2 Whether the procedure leading to the committal order was constitutional and fair.
Ratio Decidendi
The court found that the petition was unopposed and that the petitioner had demonstrated her predicament regarding inability to pay the decretal sum. The court held that committal to civil jail must be exercised in accordance with constitutional safeguards and fair procedure, particularly where a debtor's inability to pay is at issue. However, the court also recognized the rights of the decree holder and thus granted the orders sought on condition that the petitioner offers a payment plan for the decretal amount. In default of such a plan, the decree holder would be at liberty to commence execution proceedings. The court thus balanced the petitioner's constitutional rights against the...
Court Disposition
Petition allowed with conditions.
Orders
- The orders sought in the petition are granted on condition that the petitioner offers a payment plan in respect of the decretal amount owing in Ruiru SPMCC No E025 of 2020.
- In default of a payment plan, the decree holder in Ruiru SPMCC No E025 of 2020 is at liberty to commence execution proceedings.
Full Case Text
Judgment text and source record
22 paragraphs
Kariuki v Attorney General & another (Petition E029 of 2022) [2023] KEHC 3351 (KLR) (20 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3351 (KLR)
Republic of Kenya
In the High Court at Kiambu
Petition E029 of 2022
PM Mulwa, J
April 20, 2023
Between
Irene Karimi Kariuki
Petitioner
and
Attorney General
1st Respondent
Commissioner of Prisons
2nd Respondent
Ruling
1. In a petition dated July 29, 2022, the Petitioner, Irene Karimi Kariuki seeks for declaration orders that her committal to civil jail violates her rights and freedoms as enshrined in the Constitution, is uprocedural and unconstitutional.
2. In brief the Petitioner avers that she is a judgment debtor in Ruiru SPMCC No E025 of 22020 but was unable to settle the decretal sum of Kshs 518,030/= plus costs and interests. That she had explained her predicament to the trial court to no avail. She seeks that the committal to civil jail order be quashed.
3. The petition, though properly served was not contested and learned counsel for the Petitioner submitted that since it had not been responded to, the orders sought ought to be allowed.
4. No doubt the Petitioner admits that a judgment was issued against her and that she is obligated to satisfy the same. She however does not propose on how she intends to have the same satisfied so that the decree holder is not prejudiced. She has now sought to have the respondents herein stopped from executing a committal to civil jail order.
5. I hereby direct as follows: -i.That the petition being unopposed, the orders sought be and are hereby granted on condition that the petitioner offers a payment plan in respect of the decretal amount owing in Ruiru SPMCC No E025 of 2020. ii.That in default of (i) above the decree holder in Ruiru SPMCC No E025 of 2020 will be at liberty to commence execution proceedings.iii.No orders as to costs.Orders accordingly.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 20TH DAY OF APRIL, 2023…………………………………………P.M. MULWAJUDGEIn the presence of:Court Assistants: Mr. Kinyua/DualeFor Petitioner: Ms. Ng’ang’aFor Respondents: No Appearance