A Nyeri court on Friday released three suspects in the Al-Shabaab attack on the dusitD2 complex in Nairobi, citing police findings following investigations.
Resident Magistrate Nelly Kariuki made the ruling after being told that the Anti-Terrorism Police Unit closed the file saying no offences and links to the incident were found during its probe.
Inspector Cyprian Gitonga Muthoga, the officer in charge of crimes at the ATPU, said the suspects could not be directly linked to the terror attack.
“We have completed the investigations in liaison with the ATPU and from the findings, no offence has been disclosed," Inspector Muthoga told the magistrate.
"We wish to withdraw the miscellaneous application that sought to continue holding the suspects and close the file."
The suspects - Mr Abdul Kibiringi, Mr James Mwai Mwangi and Ms Habiba Gedi Hunshur - had been in remand since Monday as the court had allowed the detectives to detain them for interrogation.
They were being probed on allegations conspiracy to commit terrorism and and being in contact with the attackers prior to the January 15 assault that left 21 people dead.
On Monday, the ATPU was granted five days to hold the three suspects for further investigations into
At that time, police constable Newton Mwangi noted that the suspects were arrested on Friday night and that their call logs were yet to be obtained from mobile phone service providers.
“Initial investigations show the suspects have a link to others. Police are waiting for call logs to finalise the investigations,” he said, describing the case as sensitive.
All the suspects were arrested in Nyeri town last week during a security crackdown at Majengo slums and Kangemi village.
Mr Kibiringi had complained that he was arrested because of his son who went missing more than two years ago.
“I was arrested while taking tea at a kiosk in town. Police told me I was wanted because of my missing son who is 26 years old and suspected to be connected to the attack," he said.
"There is no need to have me in custody," he added, but the court refused to release him.