Lawyer Cliff Ombeta cried in court on Monday after it was ruled that two of his clients named in a drug trafficking case may be released on bond.
The ruling concerning Baktash Akasha and Vijaygiri Goswami was made at a Mombasa court by Chief Magistrate Maxwell Gicheru.
DPP Keriako Tobiko had asked the Malindi Court of Appeal to block the release of the Akasha brothers and two foreigners named in the case.
The others are Kulam Hussein and Ibrahim Akasha.
Tobiko said the four were a flight risk and if released would interfere with extradition proceedings.
The court is expected to grant or deny the police 21 days to extradite the four to the US to face the charges.
The ruling is set for March 20.