Jubilee Party blogger Pauline Njoroge, her friend Jane Nduta and taxi driver Emanze Jilani were on Monday evening freed by a Malindi Magistrate Court.
The trio had been arrested last Friday by Watamu police after the vehicle they were travelling in was intercepted along the Watamu-Jakaranda road.
They were said to have been found with narcotics.
However, on Monday as they appear before the Malindi Chief Magistrate James Mwaniki, the State said it had intended to charge them with hate speech and cyber-related offences.
According to the Prosecution, Njoroge is accused of four counts; two charges of false publication of information and two other charges of cyber harassment in relation to the comments she made on her Facebook and Twitter Accounts last Thursday and Friday.
She is however yet to be charged officially.
The names of Nduta and Jilani, who were arrested together with Njoroge, were however missing in the new charge sheet that was produced before the court.
The State had also applied for 30 days custodial orders to continue holding Njoroge so as to conclude its investigations.
However, during the court session, the lead prosecution counsel Vivian Kambaga said they had abandoned the application for custodial orders.
The State also applied to be allowed search Njoroge’s house, the accused should not delete her tweets and she should deposit her passport in court because she could be a flight risk.
Njoroge’s legal team, led by Ndegwa Njiru, said the charges that the State intends to charge their clients with are, “ridiculous and not anchored in law”.
They opposed the prayers by the State.
While delivering his ruling, Malindi Chief Magistrate said the prayers by State did not touch on Nduta and Jilani, therefore, they were released indefinitely.
The police were also allowed to search Njoroge’s house, but it should be done during the day and in the presence of the accused and her lawyers.
Njoroge’s phones are being held by the Directorate of Criminal Investigation (DCI).
The matter will come back Wednesday for further directions
