Embattled Mombasa Principal Magistrate Edgar Kagoni has been released by Chief Magistrate Lucas Onyina.
The move comes a day after the Mombasa High Court ordered his release in connection with the loss of Sh30 million heroin held as evidence.
He was released on Sh100,000 bond or an alternative bail of Sh20,000.
Kagoni is the only one released while the rest of the suspects in the case will remain in custody and are likely to take plea.
The matter will be mentioned at 11 am for further directions.
There was tension after the Assistant DPP Alexander Muteti said Kagoni should remain in custody until 11 when the matter was supposed to be mentioned.
However, the defense was adamant that there is a court order saying the magistrate should be released unconditionally.
Onyina ruled that since there is a release order signed in Mombasa then his court being a court of law has to obey the order.
The Kenya Magistrate and Judges Association on Monday also challenged a bid by the DPP to charge Kagoni.
KMJA says they are concerned about the threats to liberty of one its members -junior principal magistrate Edgar Kagoni - who is a judicial officer serving in the capacity of Principal Magistrate in Mombasa Law courts.
