Police as debt collectors

By Musyoki Kimanthi

Question: Are policemen supposed to collect debts on behalf of creditors?

Answer: It is a very common habit nowadays to find citizens using the police, especially their relatives in the Force, to chase their debtors around for unpaid debt. Besides the police, there is also a crop of business people who call themselves ‘debt-collectors’ and who pass off to unsuspecting citizens as being efficient in collecting debts at a small commission. I am not sure whether these

Policemen use force to arrest a man. It is illegal for police officers to act as debt collectors. Photo: George Mulala/Standard

people are recognised in law and if so whether there is a body that regulates them. They nevertheless thrive among us and seem to do some good business. They are likeable to the common man because one of their ‘strengths’ as it is said, they are cheaper to hire than lawyers.

Any claim for a refund or a repayment of money should logically be preceded by a demand — a form of notice by someone stating that s/he is owed this much money and demands that the same be repaid within a specified period, and upon failure or default of the repayment the creditor shall take a specified action.

Police exert pressure

Now, supposing that the policeman, or the debt-collector acting on behalf of their client follows this logical step and calls or writes to the debtor to demand immediate repayment and the debtor refuses or ignores the demand, what follows? Will the policeman arrest the debtor and charge him in court, and if so, with what offence? Will the debt-collector sue on behalf of his client, and if so, in what capacity?

The tragedy of our day is that the police will find a way of exerting pressure on an unsuspecting debtor to ensure repayment. One way of doing this is that they tramp up charges or look for offences closely related to the act of money changing hands and deals going sour–for example, the offence of obtaining by false pretences contrary to section 313 of the Penal Code–and charge the debtor with such an offence in court. Given the manner of our criminal procedure and practice–the delays, the bail/bond issues, numerous court attendances, the humiliation of being accused in a criminal court among others–a debtor finding himself in these circumstances is bound to cave in and pay up to avoid the harassment. That way the police will have served their role as debt-collectors for their beloved relatives.

Abuse of power

This is, however, illegal and amounts to abuse of power by the police. A mere debt between two private citizens falls in the realm of civil law and the police have no business interfering. A citizen finding himself in this predicament may apply to the court for an order that the particular police be restrained from harassing and intimidating him, unless the police are able to prove that the debtor is criminally culpable.

As far as the so-called debt-collectors are concerned, their demand letters amount to nothing more than mere threats and they should be treated as such.

The above is not to suggest that debtors should refuse to honour their obligations, and when they refuse, creditors should find recourse in the courts of law, not the police or debt-collectors.

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