Director of Public Prosecutions Noordin Haji has withdrawn charges against 10 suspects in the NYS II scam.
Haji made the application on Monday to have them withdrawn for lack of evidence.
The 10 were discharged under Section 87(a) of the CPC criminal procedure code meaning they can be rearrested if the prosecution of new evidence emerges.
The 10 include Sammy Michuki, deputy director general NYS, Rodgers Nzioka, a senior accountant , Simon Kanyi, Stephen Riungu Muchai, Josephat Njoroge, Lucas Otieno and Timothy Kiplagat among others.
At the same time, former PS Lillian Omollo and Richard Ndubai and 31 others were charged afresh after the prosecution consolidated three files regarding the loss of Sh60 million at the NYS.
The case was to proceed for hearing on Monday but was adjourned for Tuesday after two of the accused persons in the matter were absent.
In the case, Omollo and others were charged with conspiring to defraud the NYS between April 6, 2016, and April 27, 2017.