Kenya Ports Authority managing director Daniel Manduku and Kenya Revenue Authority Commissioner for Customs Kevin Safari have been released.
The duo was arrested on Monday by the DCI after months of investigations into leased extra storage space for containers by the agency.
They were detained at the DIC headquarters along Kiambu Road before being moved to Muthaiga police station.
The duo was to be arraigned today to face graft charges related to the Inland Container Depot scandal.
But when they were presented before the senior Principal magistrate Kennedy Cheruiyot, the judge said he was surprised because their file was not on his list.
This brought confusion in the court as the prosecution sought to explain what had transpired.
The magistrate said he had no file to write anything on because no charge had been registered.
Cheruiyot said it was not fair to keep the suspects in court cells because there was no charge.
The prosecution said they instructed police to release him on bail.
The Investigating officer said he brought him with a charge sheet but said the prosecutor was supposed to speak on his behalf and did not know why it had not been registered.
