The Uganda Law Reform Commission (ULRC) has proposed extending the maximum jail term for civil debtors from six months to one year, sparking debate over the balance between creditor rights and human rights concerns. The recommendation was presented to Parliament’s Human Rights Committee on Thursday, August 14, 2025, by ULRC officials Jeroline Akubu, Assistant Commissioner, and Jackie Akuno, Commission Secretary. The committee is chaired by Okello Geoffrey (Nwoya East, DP).
The proposal is informed by findings from two separate studies conducted by the ULRC. The first, carried out during the 2005/06 financial year, noted that imprisonment of civil debtors was still a preferred method for enforcing judgments, despite concerns over its humaneness and cost implications. Critics argue that jailing debtors stigmatizes them and imposes extra financial burdens on creditors, who must cover the upkeep of inmates while in prison.
A more recent study from the 2022/23 financial year, however, recommended stricter measures, including imprisonment in cases where a debtor has other means of income but refuses to pay, engages in obstructive or delaying tactics, plans to leave the court’s jurisdiction, or has the capacity to settle debts but neglects to do so.
Why
Jeroline Akubu explained that, under the current Civil Procedures Act, imprisonment is permissible for civil debts exceeding Shs 100, with a maximum detention of six months. However, this period is at the discretion of judicial officers, who may detain a debtor for as little as one day. The ULRC’s recommendation would extend the maximum term to one year, but judicial discretion would remain intact.
“It is not written in stone. The extension allows judicial officers to determine the appropriate term based on the specifics of the case,” Akubu stated.
The Commission emphasized that abolishing imprisonment entirely, as suggested by the Uganda Human Rights Commission (UHRC), is impractical. Akubu argued that creditors’ rights must also be protected, and without the threat of imprisonment, options for recovering debts would be severely limited.
Jackie Akuno noted that while arbitration and reconciliation options exist under the law, civil debtors often display stubbornness. She highlighted cases where even brief detention revealed that debtors possessed assets that could have been liquidated to settle debts.
Deputy Commissioner General of Prisons, Samuel Akena, informed MPs that as of August 14, 2025, there were 476 civil debtors in Uganda’s prisons, including 359 men and 117 women. The presence of civil debtors contributes to the country’s broader prison congestion, with a national prison population of 56,517 inmates—far exceeding the approved capacity of 22,419. Of these, 41,801 are convicts and 36,659 are on remand.
Uganda Prison Service (UPS) is also grappling with a staffing shortage, employing 14,895 staff against an approved establishment of 39,462. Akena stressed that reducing congestion requires preventing crimes in the first place, though he acknowledged challenges linked to Uganda’s development and socio-economic factors.
“Why are these people committing crimes? Addressing the root causes before they enter the justice system is crucial,” he said.
Akena also highlighted the prison system’s neutrality, stating that there is no distinction between VIPs and ordinary citizens. Inmates are treated equally, regardless of their social or political status. He emphasized this principle in response to remarks from Local Government Minister Raphael Magyezi, who humorously asserted he would avoid becoming a prisoner.
Potential Implications and Public Response
The ULRC’s proposal is expected to elicit mixed reactions. On one hand, extending jail terms could strengthen the enforcement of civil debts, offering reassurance to creditors and potentially reducing delays caused by uncooperative debtors. On the other hand, critics may argue that longer detention exacerbates social stigma, imposes additional costs on families, and increases prison congestion.
Lawmakers have previously highlighted cases of MPs falling victim to loan defaults, noting that financial obligations among the elite can also strain the system. Observers suggest that the proposed changes must be accompanied by measures to protect debtors’ rights, ensure judicial discretion, and expand alternative dispute resolution mechanisms.
The ULRC’s recommendation reflects ongoing efforts to modernize Uganda’s legal framework for civil debt enforcement while balancing the interests of creditors and debtors. By proposing a maximum one-year jail term, the Commission aims to provide judicial officers with flexibility to address recalcitrant debtors without undermining human rights protections.
As Parliament reviews the proposal, stakeholders—including civil society organizations, financial institutions, and the general public—are expected to weigh in on whether extending imprisonment terms represents a fair and effective mechanism for debt recovery in Uganda’s evolving socio-economic context.
The debate underscores the broader challenge of aligning enforcement mechanisms with constitutional rights, prison capacity constraints, and the need for practical solutions to civil debt recovery.
Do you have a story in your community or an opinion to share with us: Email us at editorial@watchdoguganda.com
