The DPP has lost his bid to suspend the verification of sureties for the release of suspects in the Sh9 billion National Youth Service scam.
Chief Magistrate Lawrence Mugambi ruled on Friday that he will examine the sureties and that the court will determine which ones to accept or reject.
He said suspending the implementation of the High Court ruling for the release of the 48 suspectswould be arbitrary.
"The concerns raised by the DPP are legitimate but should be addressed to specific individuals, not generalised," he said.
Mugambi added: "It is the duty of the court to ensure that any security tendered or offered is free from foreseeable risk arising from any illegality."
The suspects spent yet another night behind bars on Thursday as DPP Noordin Haji sought to ensure they do not use proceeds of “crime” to secure their freedom
Their hopes to finally walk to freedom before the end of the day were dashed after Haji sought more time to verify their sureties.
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Youth Affairs PS Lillian Omollo and NYS Director General Richard Ndubai
filed separate applications at the High Court seeking freedom pending trial.
Omollo, who is admitted at the Kenyatta National Hospital private wing, wants her prosecution suspended pending the hearing and determination of the application.
She accuses the DPP of being malicious for breaking her three counts into 10 different charges relating to the charges each of the 10 suppliers faces.
Ndubai said that Senior Magistrate Douglas Ogoti, of the Anti-Corruption Court, did not consider arguments in their bail application before remanding them all.
He claimed the prosecution made mere allegations when opposing bail yet the court relied on them to deny them their freedom.
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