The constitutionality of committal to civil jail in Kenya.

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Strathmore University
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.
The chapter offers a succinct background to the problem. It comprises of a brief account of the study problem, a rationalization for the study as well as the purposes of the study. It also captures the hypothesis and literature review. Moreover, the chapter provides a theoretical framework of study, a window through which the literature on the study will be evaluated. The chapter lastly examines the research strategy and approach providing a manual in the manner of the research.