Commission proposes civil debt defaulters' jail term doubled

KAMPALA - The Uganda Law Reform Commission (ULRC) wants jail terms for civil debtors from six months to one year.

The recommendation is based on submissions made by the body’s Assistant Commissioner, Jeroline Akubu, and commission secretary, Jackie Akuno, on Thursday, August 14, 2025.

They were appearing before Parliament's human rights committee, chaired by Okello Geoffrey (Nwoya East, DP).

It is based on findings from two studies conducted by ULRC.

The first conducted in the 2005/6 Financial Year (FY) found that imprisonment of civil debtors remains a preferred method of enforcing judgments. 

However, critics argued that the practice is inhumane, stigmatises debtors and imposes extra costs on judgment creditors, who must pay for the debtor’s upkeep in prison.

On the other hand, a second study conducted in the 2022/23 financial year recommended stricter measures, including imprisonment where a judgment debtor is employed or has other means of income but refuses to pay, is obstructive or engages in delay tactics, intends to leave the court’s jurisdiction, or is capable of settling the debt but neglects to do so among other cases.

Rationale

“The Civil Procedures Act specifies that detention or imprisonment for failure to pay civil debt is permissible if the debt exceeds shillings 100. Now, the time provided of six months doesn’t mean that the person must be imprisoned for up to six months. That discretion is with the judicial officer. It can be detention for one day or as the law provides for now, up to six months. No more than that,” Jeroline Akubu said.

“In the recommendation, we have made it up to a year. But that will still be at the discretion of the judicial officer. It is not written in stone,” she added.

You cannot scrap the law

While the Uganda Human Rights Commission (UHRC) had wanted imprisonment of civil debtors scrapped from the law books altogether, Jeroline Akubu says it's impractical.

“We believe that the person who has lent the money has rights. So, if we remove the aspect of imprisonment, what other option are we providing the lender?” Akubu inquired.

“One member has mentioned that there is usually a guarantee that is provided. But we all know that when you are given a guarantee, it's not a sale, transfer, it is just for security purposes. We also know there are court cases that have overturned instances where these guarantees have been transferred,” she further opined.

However, Akuno noted that the law provides for arbitration and reconciliation, which the parties can explore. She added that during her court visits, she has often observed an element of stubbornness among civil debtors.

“Once they have stayed in prison even for a day or two, when you interrogate them, you find that they have something which they can sell off… But we don’t want a scenario where we are going to leave a lender to take the law into their own hands,” Akuno said.

Uganda Law Reform Commission is a constitutional body established under Article 248 (1) of the Constitution. It is mandated by law to study and keep under constant review the laws of Uganda with a view of making recommendations for their systematic improvement, modernisation and reform.

Civil debtors in prison

The proposal is likely to elicit mixed reactions, particularly from the public struggling with loans from moneylenders, commonly known as loan sharks.

Deputy Commissioner General of Prisons Samuel Akena told the same committee shortly after that, as of August 14, 2025, there were 476 civil debtors in prison.

Of these, 359 males and 117 females.

Previously, several lawmakers have also fallen victim to failure to repay large loans, a situation some colleagues argued contributes to prison congestion.

Currently, Uganda’s prison population stands at 56,517, far exceeding the approved capacity of 22,419, with 41,801 convicts and 36,659 on remand.

In comparison, Uganda Prison Service (UPS) total staff number 14,895 against an established staff establishment of 39,462.

Prisons responds

However, while responding, Akena said the only way to deal with this congestion is for citizens to stop committing crimes.

“Why are these people committing crimes? I think that should be the starting point so that we address the problem before they reach the justice system,” he opined.

Adding that it might be difficult since the country is developing, which sometimes drives up the crime rate. However, systematically, he admitted that the country needs to rehabilitate its citizens and build prisons.

VVIP prison treatment

Utilising the same juncture, Akena told MPs that the prison system makes no distinction between VVIPs and ordinary citizens.

“In prison, first of all, we don’t have VVIPs. Prisoners are prisoners, and that is the beginning part of it all,” said Akena.

“Whether FDC president or what, for us, when you go there, we are treating you as prisoners. We don’t dwell too much on he was this or that, no. Otherwise, I am not a professor but I am going to keep a professor. So how would I keep a professor?” he inquired.

He argued that even if Local Government Minister Raphael Magyezi, who was present, were to commit a crime, he would be treated like any other inmate, prompting Akena to tell prison officials that he would never willingly become their client.

“Commissioner Akena wants to scare me. I am not coming there,” Magezi stated.