Migori Governor Okoth Obado will spend the night at the Industrial Area Prison pending his bond application ruling on Tuesday at 2 pm.
Appearing before Judge Jessie Lessit, the Migori Governor pleaded not guilty to charges of murdering Sharon Otieno.
Reports indicated that the prosecution intended to oppose his release on bail, citing the risk of interference with witnesses.
Criminal lawyer Cliff Ombeta, who is representing the governor, stated his defence team was aware of "the scheme".
“Bail is his (Obado's) constitutional right. We will fight for it. No one can take it away,” Ombeta stated on Sunday.
During his three days stay in jail, Obado was reportedly in solitary confinement after being isolated from other detainees.
His cell had a mattress and blanket brought in by his family and the police had also been instructed not to allow anyone to visit him except his immediate family and lawyers.
On Sunday, the governor's wife and two children were allowed to see him in the presence of detectives.
The Directorate of Criminal Investigations (DCI) maintained that it had evidence to link the governor to the abduction and subsequent murder of Sharon.
Sleuths have been investigating whether the governor could have been at the scene of the killing although Obado has denied any involvement in the killing, stating, in his statement to the police, that he was away in Nairobi when it happened.
