Nairobi — The High Court of Kenya in Kisumu has ordered the immediate release of a man who had been detained over allegations of mutilating currency notes, ruling that his continued detention violated constitutional provisions.
In a ruling delivered on March 12, Justice Joe Omido found that the decision by a subordinate court to hold Maximillan Motai Nyagwaya in custody was irregular and improper, noting that the alleged offence does not warrant remand under the Constitution.
The judge intervened after Nyagwaya’s lawyer, Oguso, moved to the High Court seeking a revision of the lower court’s order.
The case arose after prosecutors presented Nyagwaya before a subordinate court on March 11, requesting that he be detained for 14 days at Kisumu Central Police Station to allow investigators to complete inquiries into claims that he had defaced or cut currency notes, an offence under Section 367A of the Penal Code.
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Although the magistrate deferred a final ruling on the request to March 25, the court ordered that the suspect remain in custody in the meantime.
However, Justice Omido ruled that the order contravened Article 49(2) of the Constitution of Kenya 2010, which protects suspects accused of minor offences from being remanded in custody.
“There is no two way about it. The order went against the constitutional provision. I need not say more,” the judge stated.
Under Kenyan law, suspects cannot be held in remand if the alleged offence attracts a penalty of a fine only or a jail term of six months or less. The offence of mutilating currency carries a maximum penalty of three months’ imprisonment or a fine of Sh2,000.
In his ruling, Justice Omido said the application for custodial remand should not have been entertained by the subordinate court, given the clear constitutional safeguards.
The High Court consequently quashed the detention order, directed that the lower court file be closed, and ordered that Nyagwaya be released immediately from Kisumu Central Police Station, unless he is being held for any other lawful reason.
The judge noted that the High Court’s revisionary powers are intended to correct errors by lower courts, particularly where their decisions infringe on fundamental rights and freedoms guaranteed by the Constitution.
The Directorate of Criminal Investigations said the suspect was apprehended following investigations into the alleged misuse of banknotes.
“Banking Fraud Investigations Unit (BFIU) detectives have arrested a man who was wanted for allegedly mutilating Kenyan currency notes and flaunting the acts on TikTok,” the DCI said.
Authorities say deliberately mutilating or destroying currency is illegal in Kenya under regulations governing the handling of banknotes issued by the Central Bank of Kenya.
The law prohibits actions that intentionally damage currency, including tearing, burning, or defacing banknotes.
Such acts render the notes unfit for circulation and may result in the loss of their value.
According to the Central Bank, currency is considered damaged or unfit when it is mutilated, torn or marked with ink.
These notes are typically withdrawn from circulation when they are returned to the Central Bank through deposits from commercial banks.
