Nacada CEO William Okedi can now enjoy a little freedom after the court deferred his plea.
Mr Okedi is to be charged for making improper procurements at the anti-narcotics agency.
He contested the decision to charge him at the High Court which is awaiting a ruling.
But four other Nacada employees were charged with the offence of improper procurement.
Together with others, Okedi is said to have broken procurement laws by procuring a consultant to manage the Alcoholic Drinks Control Fund.
The fund had been set aside for civil society.
They denied that they committed the offence between September 2012 and April 2013.
The four were released on Sh1 million bond each with an alternative cash bail of Sh300,000.