The court has however warned the accused persons that they may be rearrested in the future over the same charges should investigators find evidence.
Gachagua to get back his passport and the Sh12 million he had deposited in court to be out of police custody.
The court recommends the enactment of a law to establish the office of a pre-trial judge to be checking on whether there is sufficient evidence before any accused person is arraigned in the court.
“It is unfair to subject judicial officers to take lengthy notes when there is no case”, magistrate Victor Wakumile said.