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Are the police allowed to follow up on a civil debt?
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In today's episode, we discuss whether the police is allowed to follow up on a civil debt. What does the law say in this situation?
I am a property developer based in Eldoret. A few years ago, I got some people who wanted me to develop a property for them. The agreement was that they pay half of the money and the balance in instalments as I progressed in the construction. They paid 50% of the purchase price, and I began the construction. However, I spent more money than I had anticipated, and was struggling to achieve the next milestone to receive the instalment. I asked if they could pay in advance, but they refused, saying that I needed to first finish what I had promised. I, therefore, got into delays of almost one year looking for money to finish the project to the next milestone.
Eventually, I found someone willing to lend me the balance if I could give them the title deed of the property as security. Since I knew I would get money immediately, I met the milestone I agreed to the Shylock’s terms. However, when I completed the milestone, the clients refused to pay the balance saying I had taken too long, and they were no longer interested in the project. They asked me to refund their money, but I refused, saying they were the ones who owed me. At the same time, the Shylock was demanding his money, and I started avoiding him. I am worried however that he might have transferred the title deed to his name since he is very well connected at the lands office.
Over the past few weeks, the clients have been really threatening me and yesterday they got the DCI to summon me about the case. The DCI said that they would call me every day until I repaid the money.
What can I do to stop the police from calling me incessantly? I also don’t want to be forced to pay them back since they also did not meet their end of the bargain.
Research by Joy Mutimba-Vétil (joy@hklaw.co.ke)
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