The High Court has ordered the immediate release of Maximilian Mutai, who had been detained after allegedly tearing a currency note.
The court ruled that the offence he was suspected of committing does not allow custodial remand under the Constitution.
Additionally , the court found that the lower court’s decision to detain Mutai in custody at Central Police Station in Kisumu pending a ruling was unconstitutional.
According to the court, the offence of mutilating currency notes under Section 367A of the Penal Code carries a maximum penalty of three months’ imprisonment or a fine of up to Ksh.2,000, or both.
Man arrested for tearing a bank note released
The court further emphasised that subordinate courts must strictly follow the constitutional provision, which clearly bars custodial remand for minor offences carrying short prison terms.
It therefore ruled that the order issued on March 11, 2026, in Kisumu Miscellaneous Criminal Application No. E086 of 2026 directing that the applicant remain in police custody was irregular and improper.
An order was issued for the suspect to be released immediately from Central Police Station, Kisumu, noting that no criminal charges had been formally filed against him.
The court further ordered that the lower court file be closed.
