Stop jailing debtors, Principal Judge urges judicial officers
BUSHENYI. Principal Judge Yorokamu Bamwine has asked judicial officers to stop jailing debtors, saying they are not criminals.
Justice Bamwine said other than increasing congestion in prisons, debtors can be asked to sell their property and refund the money.
He was speaking at the launch of the pre-bargain hands-on training at Nyamushekyera prison in Bushenyi last Thursday.
“These people are like weeds. Weeds are plants in wrong places which must be removed. You should not be in this prison because you are not criminals. If you ‘ate’ somebody’s money, you must refund it.
If you do not have the money, you have a property, sell it and refund because even if you stay here for six months do not think you will not pay the money, you will go back and still be tasked to refund,” Justice Bamwine said.
Assist debtors pay
The Principal Judge asked judges and magistrates who are in the habit of imprisoning debtors to stop, saying they can assist them to pay instead of letting the complainant feel the pinch twice.
“There are some judges and magistrates who like sending people to prison but it will also come to them. Please be assisted and reach the judge so that he can help you on how to refund.
I am surprised to find 49 debtors in prison. Let me not see it anywhere else now that I have seen it in Bushenyi,” he said.
Debtors complained of court bailiffs using excessive power to ask debtors to pay too much. They opt to be imprisoned than paying the amount that is far much higher than what they initially acquired.
“We have a big problem of court bailiffs who have a lot of power. They ask for a lot of money. For example, you might find you have a debt of Shs250,000 but a court a bailiff asks you for more than a million yet you are failing to pay Shs250,000. We end up being imprisoned because we can’t afford paying that much,” said Mr Keneth Muhanguzi.
Some inmates complained of judges who keep remanding them when the State fails to produce witnesses to court. The principal judge ordered all judges to start acquitting such individuals.
“If state fails to bring witnesses in court session, do not adjourn to the next convenient session let the suspect be released from there and then,’’ said Justice Bamwine.
Nyamushekyera prison has 978 prisoners including 49 (37 men and 12 women) debtors. Out of these 913 are males and 65 females.