The Director of Public Prosecution (DPP) Renson Ingonga now says that the case against Pastor Ezekiel Odero has not been closed, as had been widely reported.
According to Ingonga, there is an ongoing inquiry on the matter.
The DPP insisted that Chief Magistrate Joe Omido only closed the custodial file in the case.
"Contrary to the said reports, we would like to clarify that a review of the inquiry files in respect of Mr Odero is ongoing and no case against him has been terminated as alleged," Ingonga said.
"Consequently when the matter came up for mention today, the court closed the custodial file. The ODPP shall decide as regards the results of the investigation as soon as the review thereof is complete."
He noted that once the inquiry is complete, he will decide on the next course of action.
"The ODPP shall make a decision as regards the results of the investigation as soon as the review thereof is complete," the DPP said.
"Upon receipt of the inquiry files, the ODPP was satisfied that the court orders facilitating investigations had already served their purpose and it was needless for Odero to keep attending court or the police station."
On Tuesday, a Shanzu court threw the custodial file in the case against Pastor Odero(the respondent) after months of hearing and directed that his Sh 1.5m cash bail be returned.
“Having considered the record in its entirety I hereby proceed to discharge the respondent under orders of this court issued on May 2 and 4, the cash bail of Sh1.5 million deposited to be released to the depositor, this file is now closed," Justice Omido ruled.
The court heard that Pastor Ezekiel was being investigated for alleged murder, aiding and abetting suicide, abduction, radicalisation, genocide, crimes against humanity, child cruelty, fraud and money laundering.
Police investigators first arraigned the pastor at the Shanzu court in late April.
They have since then been seeking more days to conduct investigations but have never produced a report on the same.