Why it's wrong to turn police officers into debt collectors

Police officers during a past pass out at Kenya Police College in Kiganjo, Nyeri County. [File, Standard] As the New Year dawns, many Kenyans find themselves celebrating with one eye over their shoulders, not out of fear of insecurity, but from the dread of police knocks over unpaid debts. Every festive season, reports surface of people being rounded up, detained, or humiliated by law enforcement officers acting at the behest of creditors. This troubling pattern not only betrays the principles of justice but also exposes the dangerous erosion of human dignity enshrined in our Constitution. Debt recovery is, by its very nature, a civil process. The law provides clear mechanisms for addressing disputes over money owed, through negotiation, civil suits, mediation, or the execution of court decrees. However, in Kenya today, an alarming number of creditors have chosen to weaponise the criminal justice system to recover debts. Instead of filing civil cases, they file false police reports, alleging theft, fraud, or obtaining by false pretense, charges that instantly attract police intervention. The result is a gross abuse of power. Innocent citizens are arrested, detained overnight, and paraded like criminals for what is essentially a commercial disagreement. These unlawful arrests are not only contrary to the rule of law but also violate fundamental rights under the Constitution. Article 28 of the Constitution guarantees every person the right to inherent dignity and to have that dignity respected and protected. When police officers act as debt collectors, raiding homes, handcuffing citizens, and subjecting them to public humiliation, they trample upon this right. The coercive power of the state is being misused to settle private scores. Further, Article 29 protects Kenyans from arbitrary arrest and detention, while Article 49 ensures the rights of arrested persons. Using police to intimidate debtors constitutes a clear violation of these safeguards. It is also inconsistent with Article 157(11), which directs the Director of Public Prosecutions to avoid prosecutions that are not in the public interest or that amount to abuse of legal process. Every December, social media fills with stories of "debt arrests." Small business owners, friends, and even family members resort to calling in police favours to "teach lessons" to those who owe them money. The festive season, when many are financially stretched, becomes a fertile ground for this misconduct. Police raids for debts are often conducted without warrants, with the debtor being dragged to the station to "negotiate." These negotiations, more accurately termed coercions, occur under duress. The debtor, fearing detention during the holidays, ends up paying inflated amounts or surrendering property without due process. In 2023, several such cases gained public attention, among them a Nairobi trader who was arrested over a Sh50,000 soft loan, and a Mombasa mechanic detained overnight for failing to repay an informal debt. None of these cases involved criminal conduct; they were civil disagreements dressed as criminal complaints. Such instances erode trust in law enforcement and tarnish the image of the police service, which should be the guardian not the abuser of citizen rights. The Civil Procedure Act (Cap 21) and related court rules outline how creditors can pursue legitimate claims. A creditor may file a suit, obtain judgment, and execute through attachment or garnishee orders. Nowhere does the law permit the involvement of the police unless criminal conduct such as fraud or theft, is proven. The National Police Service Act and the Criminal Procedure Code further limit police functions to preventing and investigating offences. Debt default, however morally questionable, is not a criminal offence. When police step into civil matters, they act ultra vires, beyond their lawful authority. Both the creditor and the involved officers may be liable for constitutional violations. Courts have consistently condemned this practice. The High Court has severally held that criminal law should not be used to enforce civil debts, terming such action a violation of Article 28's dignity guarantee. Victims of such abuse have recourse through constitutional petitions or civil suits for malicious prosecution, false imprisonment, and violation of rights. Courts have awarded damages in several cases, recognising the humiliation and psychological harm caused by such illegal arrests. First, citizens must be educated that debt recovery is a civil matter. Creditors should pursue lawful channels, demand letters, civil suits, or mediation. Engaging police or bribing officers to arrest a debtor is itself a criminal act. Secondly, the Independent Policing Oversight Authority (IPOA) must intensify investigations into officers who misuse their positions in private debt disputes. Accountability is the only way to restore public confidence. Thirdly, the Judiciary and the Law Society of Kenya should conduct public awareness campaigns emphasising the distinction between civil and criminal matters. Many Kenyans fall victim simply because they are unaware of their rights. Kenya's economic reality is harsh, high living costs, unemployment, and inflation make debt a common feature of daily life. But no level of economic frustration justifies state-sanctioned humiliation. Dignity is not a is a constitutional right. As the New Year begins, let us affirm the rule of law and reject the normalisation of police intimidation in civil disputes. To the police: Your role is to enforce criminal law, not collect debts. To the public: Know your rights, no one should use the state's power to settle private accounts. Justice is not measured by how swiftly we punish, but by how faithfully we protect the dignity of every Kenyan. Let Kenya remember, debt is civil, dignity is constitutional, and justice dies when police become debt collectors.

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