The constitutionality of committal to civil jail in Kenya.
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A conflict between local and international instruments usually brings confusion and dissimilarity, especially in judgements delivered by courts. Article 11 of the International Covenant on Civil and Political Rights provides that no one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation. This is an instrument ratified by Kenya and is part of Kenyan laws by virtue of Article 2 (6) of the Constitution of Kenya 2010. On the other hand Section 38 of the Civil Procedure Act gives arrest and detention in prison as a method of executing a judgment where the judgment-debtor does not pay up.