By Joshua Otieno | March 12, 2026
The High Court of Kenya in Kisumu has directed the immediate release of a man who had been detained over allegations of mutilating currency notes, stating that keeping him in custody violated constitutional protections.
In a ruling issued on March 12, Justice Joe Omido ruled that the order by a subordinate court to remand Maximillan Motai Nyagwaya was irregular and inconsistent with the law, explaining that the offence in question does not justify custodial detention.
The High Court stepped in after Nyagwaya’s lawyer, Oguso, filed an application requesting the court to review and overturn the earlier order issued by the lower court.
The matter began on March 11 when prosecutors presented Nyagwaya before a magistrate’s court and asked that he be detained for 14 days at Kisumu Central Police Station to allow investigators to complete inquiries. Authorities alleged that he had cut or defaced Kenyan currency notes, an offence under Section 367A of the Penal Code.
Although the magistrate postponed a final decision on the request until March 25, the court directed that the suspect remain in custody in the meantime.
Justice Omido, however, ruled that the decision conflicted with Article 49(2) of the Constitution of Kenya 2010, which protects suspects accused of minor offences from being held in remand.
“There is no doubt about it. The order clearly went against the constitutional provision,” the judge stated.
Under Kenyan law, suspects should not be detained in remand if the offence carries a fine only or a prison sentence of six months or less. The offence of mutilating currency carries a maximum punishment of three months in jail or a fine of Sh2,000.
Justice Omido said the request to detain the suspect should not have been granted in the first place, considering the constitutional safeguards in place.
As a result, the High Court nullified the detention order, directed that the lower court proceedings be closed, and ordered Nyagwaya’s immediate release from Kisumu Central Police Station unless he is being held for another lawful reason.
The judge added that the High Court has the authority to review decisions made by lower courts, particularly when such decisions threaten fundamental rights guaranteed under the Constitution.
Meanwhile, the Directorate of Criminal Investigations (DCI) said the suspect had been arrested following investigations by the Banking Fraud Investigations Unit (BFIU) into alleged misuse of Kenyan banknotes.
According to the DCI, the suspect was tracked down after allegedly damaging currency notes and sharing videos of the act on the social media platform TikTok.
Authorities note that intentionally damaging currency issued by the Central Bank of Kenya is illegal. The law prohibits acts such as tearing, burning, marking or defacing banknotes, since such actions make them unfit for circulation.
The Central Bank explains that damaged notes are normally removed from circulation once they are returned through deposits made by commercial banks.
