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…And it would make no sense to send to civil jail a person who is unable to pay. That would be malicious. Civil jail is for those who refuse to part with their money to pay debts. ” 42.…

…It is trite law that there are other modes of execution and not only by way of committal to civil jail.…

…It follows that the Applicant’s jurisdictional challenge does not entitle him to release from civil jail pending determination of the appeal.…

…Once a Judgement Debtor is committed to civil jail, the threshold for release from civil jail pending appeal is high.…

…It is deposed that the Applicant was arrested, presented at Milimani Law Courts where he was committed to civil jail.…

…Kyalo for the Applicant, submitted that the Applicant was not afforded a chance to appear in court prior to the issuance of the orders committing him to civil jail; that committal to civil jail is draconian and should be…

…The applicant avers in the grounds on the face of the application that; on the 17. 7 2024 she was committed to civil jail for 30 days. She has preferred to challenge the legality of the committal to civil jail.…

…The applicant was committed to civil jail as per the law.…

…The appellant prays for the appeal to be allowed, the order committing the appellant to civil jail be set aside and the court order the release of the Appellant from civil jail and be awarded costs of this appeal. 3.…

…What emerges clearly from the above provisions is that committal to civil jail is not an automatic or ordinary mode of execution.…

…jail.…

…Gathara insisted on the 2nd defendant being committed to civil jail.…

…He proceeded to justify the committal of the JD to civil jail.…

…He was presented to court and all he has been trying to do is to demonstrate why he should not be committed to civil jail.…

…(By the time of hearing this application the Applicant had already been arrested and committed to civil jail for six (6) months. 3.…

…Any disputes arising from the estate should be resolved by use of other mechanisms other than civil jail.…

…He argues that committing him to civil jail would be a "drastic measure," especially since courts routinely allow judgment debtors to pay in installments.…

…He argues that committing him to civil jail would be an "extreme measure" because his inability to pay is not deliberate; his financial means simply do not allow it.…

…It is this court’s finding that the procedure for committal to civil jail must accord with the principles of fair hearing. 20.…

…The Principal Secretary Ministry of Defence cannot be committed to civil jail without giving him an opportunity to appear before court to show cause why he should not be cited for contempt and thereafter committed to civil…

…The Plaintiff commenced the process of executing the subsequent decree issued including filing a Notice to Show Cause why the Defendants should not be committed to civil jail for failing to pay the decretal sum amounting…

…Nyan’gara Osoro found that the Defendants had failed to demonstrate sufficient cause as to why they should not be committed to civil jail and issued warrants of arrest against them.…

…Committal to civil jail, it was stated, is a remedy of the last resort. 4.…

…It was urged that committal to a civil jail of a judgment debtor should not easily be resorted to unless there was dishonesty or fraud. 8.…

…The Plaintiff sought to execute the Judgment through a Notice to Show Cause (NTSC) dated 10th June 2021 seeking committal of the 2nd Defendant to civil jail.…

…The issue for determination is committal to civil jail for refusal to pay a civil debt is unconstitutional and against the International Covenant on Civil and Political Rights.…

…ANALYSIS AND DETERMINATION (i) Jurisdiction to entertain committal to civil jail within a Probate Cause 10.…

…Committal to civil jail is a mode of execution created by section 38 of the Civil Procedure Act and given effect through Order 22. of the Civil Procedure Rules.…

…jail for contempt of court.…

…As to what period he shall serve civil jail, I hereby commit him to serve civil jail in prison at Nairobi Industrial Area for a period of six months from the date of committal until the entire decretal sum of Kshs.52,983,816.75…

…The Plaintiff obtained ex parte judgment on 15th November 2017, which he sought to execute through committal of the Defendants to civil jail.…

…Section 43 does not stipulate that committal to civil jail operates as satisfaction of a decree.…

…The application before the Court seeks the issuance of fresh warrants of arrest and committal to civil jail of Mr. Harimara Iyer Ganapathi, the 2nd judgment debtor in these proceedings. Mr.…

…The Court further directed that failure to comply with these terms would entitle the decree holder to seek re-arrest and recommittal of the debtor to civil jail.…

…I have considered the application by the Appellant dated 30th January, 2025 which seeks a stay of the order of the trial/lower court made on even date for the committal of the Appellant to civil jail for 30 days. 2.…

…The Appellant, pursuant to the said order was on the same day committed to serve 30 days in civil jail. He has appealed against that order and the substantive appeal is yet to be heard. 3.…

…It is such non-payment that prompted the Applicant to take out a notice to show cause why the Respondents should not be committed to civil jail, that has proceeded today. 6. Mr.…

…The second issue for determination is whether the Court should issue warrants of arrest and commit the Respondents to civil jail. 22.…