The prosecution has not given material evidence that can lead to denial of bail for NYS suspects, Justice Hedwig Ong'udi has ruled.
For three weeks now, at least 41 suspects who are linked to theft of Sh9 billion have been in various remands across the country awaiting the ruling on bail.
And in Nairobi, Ong'udi said the suspects cannot be discriminated citing article 51 of the constitution on rights of suspects.
"The court only acts as an arbiter and it confines itself with the rule of law. Article 51 grants all suspects fair hearing unless prosecution gives convincing reasons.
"I am aware of the letter by the DPP to Chief Justice but it does not in any manner dictate the court on how to handle cases," she said in the much awaited ruling.
The Judge ordered them to pay a cash bail of Sh1 million to be deposited in court of alternatively, Sh5 million bond and a surety of Sh2 million.
Besides reporting to the DCI offices every week, they will also have to be accompanied by police officers in case they have to visit their former offices.
Also, they have been ordered to deposit their travel documents in court and further stay within its jurisdictions.