The High Court in Kisumu has ordered the immediate release of a man who had been held in police custody over claims that he damaged Kenyan currency notes.
The suspect, Maximilian Motara, was first taken to the lower court on March 11, 2026, where police officers asked for permission to detain him for 14 more days.
They argued that they needed more time to continue their investigations into allegations that he violated a law making it an offence to deface or tear currency notes. The law says anyone found guilty of mutilating notes will be jailed for up to three months, fined KSh 2,000, or face both penalties.
“Section 367A of the Penal Code criminalizes the mutilation of currency notes and prescribes a maximum sentence of imprisonment for a term not exceeding three months or a fine not exceeding two thousand shillings, or both,” read the court ruling in part.
High Court Says Maximilian Motara Detention Was Illegal and Unconstitutional
However, when the matter came before High Court Judge Joe M. Omido on March 12, 2026, he ruled that the police and the lower court had misapplied the law.
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He pointed to the Constitution, which states that a person should not be held in custody for an offence punishable with a term of six months’ imprisonment or less.
Since the alleged offence carries a maximum penalty of three months, the judge said the suspect should never have been detained in the first place.
The judge ruled that keeping Maximilian Motara locked up was not only unnecessary but also against the Constitution because the offence he was accused of is considered minor under Kenyan law.
Justice Omido described the lower court’s order as “irregular and improper,” noting that the Constitution takes precedence over any police request for more time.
He emphasized that courts must always consider the rights of suspects, especially in cases involving minor offences. According to the judge, the police already had the authority to investigate without holding Motai in custody.
“On the first issue, which is whether the offence of mutilating currency notes under Section 367A of the Penal Code…the Article provides that a person shall not be remanded in custody for an offence if the offence is punishable only by a fine or by imprisonment for not more than six months,” read part of the court ruling.
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Judge Cancels Remand Order and Directs Immediate Release
To correct the mistake, the judge used the High Court’s powers under Sections 362–367 of the Criminal Procedure Code that allow the High Court to review and overturn any illegal or incorrect orders made by lower courts.
After examining the entire case file, he concluded that the detention violated Motai’s rights and could not stand.
As a result, the High Court cancelled the remand order and directed that Maximilian Motara be released immediately from Kisumu Central Police Station. The court stressed that he should be freed unless there is another lawful reason to hold him.
“The Applicant shall therefore be released forthwith from Central Police Station, Kisumu, noting that no criminal charges have been preferred against him, unless he is otherwise lawfully detained,” read the court ruling.
The judge also ordered that the lower court’s file be closed, stating that the request to detain him should never have been entertained, given the clear constitutional rule.
The Deputy Registrar was instructed to serve the release order to the Officer in Charge at the station to ensure immediate compliance.
