A secondary school deputy head teacher and a supervisor on Wednesday were accused of being in possession of KCSE exam materials.
The two are Mr Reuben Aturo Mukabane, a deputy head of St Patricks Kahawa School in Borabu Sub-County and supervisor John Benjamin Kerina.
Mr Aturo was allegedly found with a phone on Tuesday that had questions suspected to be those of the ongoing KCSE exams.
Sergeant Stephen Thairo from the Directorate of Criminal Investigations asked the court in Nyamira County to retain the two suspects in custody to allow him complete investigations and prefer charges against them.
Nyamira Resident Magistrate Alice Towett released them on a free bond under Article 49 of criminal law, arguing that the state had not adduced evidence to warrant the suspects to remain in custody.
“I have heard both sides, but the state has not demonstrated any evidence to show that it will suffer any loss if the suspects are released as they continue with investigations,” Ms Towett said in her ruling.
She adjourned the matter until November 23 when it will come up for mention.